Use of MagicCat Game is subject to the following:
MagicCat Game – End User License Agreement – July 2022.
This End User License Agreement ('License') is a legal agreement between you and MagicCat Game governing your use of MagicCat Game and any data and associated materials, digital media or in-app content ('Content') supplied with or through it (together the 'Game') including any revisions, updates and/or modifications to it.
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE GAME. THIS LICENSE PROVIDES IMPORTANT INFORMATION CONCERNING THE GAME, PROVIDES YOU WITH A LICENSE TO USE THE GAME AND CONTAINS WARRANTY AND LIABILITY INFORMATION. BY USING THE GAME, YOU (EITHER ON YOUR OWN BEHALF OR ON BEHALF OF ANOTHER PERSON OR LEGAL ENTITY AS ITS AUTHORIZED REPRESENTATIVE) ARE ACCEPTING THE GAME "AS IS" AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IN NO EVENT WILL MagicCat Game BE HELD LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THIS GAME. IF YOU DO NOT ACCEPT THIS LICENSE, DO NOT USE THE GAME.
BY PROCEEDING TO INSTALL OR USE THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE, DO NOT CONTINUE TO DOWNLOAD OR USE THE GAME.
Provided you comply with this License, MagicCat Game grants to you a non-transferable, non-exclusive license to install and use the Game on your devices. This license provides you limited rights to use the Game. Use of the Game is restricted to you only. MagicCat Game retains all ownership, right, title and interest in, to and of the Game and all copies of it. All rights not specifically granted in this license, including domestic and international copyrights, are reserved by the Owner. Unless applicable law gives you more rights despite this limitation, you may use the Game only as expressly permitted in this License. In doing so, you must comply with any technical limitations in the Game that only allow you to use it in certain ways.
You may not
• use, copy, modify, transmit, adapt, vary or create derivative works based on the Game in whole or part,
• rent, lease, sub-license, sell or otherwise transfer the Game to any third party or allow it to be accessed by or copied onto another person’s Device. Unless permitted by law, you may not translate, reverse engineer, decompile, or disassemble the Game; or
• use any access game system to search the data in the Game other than the Game provided under this agreement.
The Game is protected by copyright, trade secret and other intellectual property laws, and all intellectual property rights in them belong to MagicCat Game or its third party licensors, as applicable.
The Game contains trade secret and proprietary information owned by MagicCat Game or its third party licensors and is protected by pending patents applications, copyright laws, and international trade provisions. You must treat the Game like any other copyrighted material and you may not copy or distribute the Game electronically or otherwise, for any purpose. All techniques, algorithms, and processes contained in the Game or any modification or extraction thereof constitute trade secrets and/or proprietary information of MagicCat Game and will be protected by this License.
The MagicCat Game logo, Game name, and other support materials are either patented, copyrighted, trademarked or owned by MagicCat Game as trade secrets and/or proprietary information.
The MagicCat Game logo, Game name, and other support materials are either patented, copyrighted, trademarked or owned by MagicCat Game as trade secrets and/or proprietary information.
THE APPLICATION IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MagicCat Game GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. MagicCat Game DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY YOU IN USING THE GAME INCLUDING THE AUTO COMPLETION/SUGGESTION/PREDICTION FEATURE AND/OR ANY FEATURE EMBEDDED THEREIN, OR THAT THE GAME WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE OR BUGS FREE. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, MagicCat Game EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW, AND FURTHER EXPRESSLY EXCLUDES ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY TO THE EXTENT PERMITTED BY LAW.
You shall indemnify, defend and hold harmless MagicCat Game against any claims including costs and reasonable attorney’s fees that were submitted by any third party, in which MagicCat Game is named as a result of the negligent or intentional acts or failure to act by you, or arising from or relating to your failure to comply with this License. Your indemnification obligation is contingent upon MagicCat Game providing you with prompt written notice of such claim, information, and all reasonable assistance in the defense of such action.
MagicCat Game SHALL UNDER NO MEANS BE LIABLE TO YOU FOR ANY ACTION ARISING UNDER THIS LICENSE REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT, CONTRACT OR OTHER FORM OF LIABILITY, INCLUDING, WITHOUT LIMITATION, FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST DATA, LOST PROFITS, OPPORTUNITIES OR CONTRIBUTIONS, LOSS OF USE, GOODWILL, BUSINESS INTERRUPTION, COST OF COVER, OR OTHER PECUNIARY OR NON-PECUNIARY LOSS, HOWEVER ARISING, EVEN IF MagicCat Game HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MagicCat Game SHALL HAVE NO LIABILITY OR RESPONSIBILITY IN THE EVENT OF ANY LOSS OR INTERRUPTION IN APPLICATION ACCESS DUE TO CAUSES BEYOND ITS REASONABLE CONTROL OR FORESEEABILITY, SUCH AS LOSS, INTERRUPTION OR FAILURE OF TELECOMMUNICATIONS OR DIGITAL TRANSMISSIONS AND LINKS OR FAILURES. THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH CASE.
You acknowledge that in order to utilize the Game and to use or personalize some of the particular services it may provide, MagicCat Game may use personal data provided by you. Your privacy is important to us and we treat it seriously. Any personal data provided by you will only be processed in accordance with the MagicCat Game Privacy Policy which can be found at http://magiccatgame.com/privacy.html. MagicCat Game's Privacy Policy is intended to help you understand how MagicCat Game collects, uses and discloses information, including what you may provide to us or that we obtain from our products and services. Your usage of the Game represents consent to MagicCat Game's Privacy Policy.
Your license to use the Game under this License shall continue until it is terminated by either party. You may terminate this License at any time by discontinuing use of all or any of the Game and by destroying all copies of the Game in your possession and control. This license granted to you under this License terminates automatically if you breach any term of this License. Section 3, 4, 5, 6 and 9 shall survive the termination of this License.
This License shall be construed and enforced in accordance with laws of the state of California. Any disputes arising under or in connection with this License shall be exclusively presented in and determined by the courts of the state of California (to the exclusion of others) and shall be subject to California Law (to the exclusion of others).
If any provision of this License is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
We may modify terms of use from time to time. We will notify you of material changes in accordance with applicable laws. If you do not agree with the proposed changes, you should discontinue your use of the Service and uninstall the App. If you continue using the Service after the new terms take effect, you will be bound by the modified terms of use.
No waiver of any term shall be deemed a further or continuing waiver of such term or any other.
Except as expressly provided this License, this License constitutes the entire agreement between you and MagicCat Game with respect to your use of the game. In the event that the Game incorporates Content owned by a third party, each such third party shall be a beneficiary of this License and shall be entitled to enforce the terms of the same.
MagicCat Game reserves the right to modify and/or change any of the terms and conditions of this License at any time and without prior notice. If MagicCat Game materially modifies this License, it will post the updated License on its website. By continuing to use the Game after MagicCat Game has posted a modification of this License, you agree to be bound by the modified License. If the modified License is not acceptable to you, your only recourse is to cease using the Game.
Copyright 2022