This End User License Agreement (the "EULA") is a legal agreement between you (either in your individual capacity, or on behalf of an entity), hereafter sometimes referred to as "you," "Licensee," or "End User" and Hot Head Co., Ltd. in order to give you a license to use the Game as set forth in this Agreement under the conditions in this Agreement, as well as to use the additional (mandatory) services provided by Hot Head Co., Ltd. . By clicking the acceptance button that follows this EULA and/or using the Game (as defined below), you acknowledge that you have read this EULA, understand its terms and conditions, and agree to be bound by such terms and condition.
2. Ownership/Intellectual Property Rights:
3. License grant:
a. Under the condition that:
Hot Head Co., Ltd. grants You a personal, limited, non-exclusive license to install and use the Game for your personal, non-commercial use solely as set forth in this License and any accompanying documentation. Any commercial use is prohibited. You are expressly prohibited from sublicensing, renting, leasing or otherwise distributing the Game or rights to use the Game. The term of your license shall commence on the date that you start to download, install or otherwise use the Game, and shall end on the earlier of the date that you dispose of the Game or Hot Head Co., Ltd. ' termination of this License. You may not translate, reverse engineer, decompile, disassemble, or create derivative works from the Game.
b. You may download the Game from an authorized source. The number of copies that you can download during a consecutive period of days may be limited. You may not make a copy of the Game available on a network where it could be used by multiple users at the same time. You may not make the Game available over a network where it could be downloaded by multiple users.
c. You acknowledge and agree that the Game may use information regarding your computer, hardware, media, software and your use of the Game to validate your license rights and to update the Game.
d. You agree that the Game may automatically download and install updates, upgrades and additional features that Hot Head Co., Ltd. deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation Hot Head Co., Ltd. may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features.
4. Consent to Collection and Use of Data.
a. During the process of registration and unlocking, updating or upgrading the Game and when technical support is provided, Hot Head Co., Ltd. may collect and use technical information for improvement of the Game or for support purposes.
b. Hot Head Co., Ltd. may track and collect information from your use of the Game and aggregate such Data. This Data is anonymous. You may decide whether or not this Data to be aggregated by Hot Head Co., Ltd. .
c. Hot Head Co., Ltd. knows that information about our customers is an important part of our business. Hot Head Co., Ltd. would never sell Your personally identifiable information to anyone, nor would it ever use spyware or install spyware on users' machines.
d. Personal information that You give Hot Head Co., Ltd. directly and information that Hot Head Co., Ltd. collects as specified in section b. of this article will be used for purposes such as improving our products and services, troubleshooting bugs and otherwise to improve your user experience.
5. Conduct Settings
By installing and using Game you acknowledge and agrees that you will not to:
6. Limitation of Liability
a. Hot Head Co., Ltd. shall only be liable without restriction according to the statutory provisions for any damages of the Licensee caused by intentional or gross negligent conduct of Hot Head Co., Ltd. or its agents. The same applies to personal injury and damages according to the Thailand Product Liability Act or comparable laws in other jurisdictions that may apply.
b. Otherwise, the liability of Hot Head Co., Ltd. for damage claims - for whatever legal reason - is limited in accordance with the following conditions, unless otherwise provided by an explicit guarantee of Hot Head Co., Ltd. for damages caused by slight negligence, Hot Head Co., Ltd. is only liable insofar as they cause damage to contractual obligations (cardinal obligations). Cardinal obligations are those contractual obligations which must be fulfilled in order to ensure orderly implementation of the contract and in whose observance the Licensee should be able to trust. Insofar as Hot Head Co., Ltd. is responsible for simple negligence hereafter, the liability of Hot Head Co., Ltd. is limited to the typically foreseeable losses.
c. The above liability restrictions shall also apply to agents of Hot Head Co., Ltd. .
d. You agrese that provisions in this License that limit liability are essential terms of this Licence.
Licensee agrees to indemnify, defend and hold harmless Hot Head Co., Ltd. and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sublicensees (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys' fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from
(a) your breach of any term of this EULA;
(b) your violation of any rights of any third party; or
(c) your use or misuse of the Game.
Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
8. Third Party Content and Game:
a. The Game may utilize or include third party content, software or other copyrighted material ("Third Party Content"). Your use of such third party material is governed by their respective terms and conditions. By accepting this EULA, you are also accepting the additional terms and conditions, of the third party . Hot Head Co., Ltd. expressly disclaims any all warranties in connection with the Third Party Content, and shall have no liability in connection therewith.
b. Your use of the Game may allow you to connect with third party applications or websites ("Third Party Applications"). Your use of the Third Party Applications is governed by the terms and conditions thereof. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein. Hot Head Co., Ltd. expressly disclaims and all warranties in connection with the Third Party Applications, and shall have no liability in connection therewith.
c. Hot Head Co., Ltd. is not liable for costs arising out of services demanded by the Licensee that are not provided by Hot Head Co., Ltd. . This shall in particular apply to costs of data transfer from or to the Licensee's device to a third party.
9. Termination of the License:
a. The Licensee may terminate this EULA at any time by destroying the Game together with all copies in any form. This EULA will also terminate automatically upon conditions set forth elsewhere in this EULA, or if the Licensee fails to comply with any term or condition of this EULA, without notice to the Licensee. The Licensee agrees upon such termination to destroy the Game together with all copies in any form.
b. Hot Head Co., Ltd. may terminate this EULA immediately when Licensee breaches terms and conditions of this EULA . Hot Head Co., Ltd. is justified immediately to inhibit the Licensee to use the Game.
10. Governing Law/Place of Performance and Jurisdiction/Dispute Resolution:
a. Exclusively Thailand law applies, with the exception of the its conflicts- of- law rules, even if the Licensee has his/her residential or business seat abroad. If the Licensee is a Consumer, this choice of law shall not, however, have the result of depriving the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable.
b. For all present and future claims from this Agreement, the exclusive jurisdiction is Bangkok. The same jurisdiction applies if the Licensee has no general jurisdiction inside Thailand, if he/she relocates his/her residence or habitual abode out of the country, or if his/her residence or habitual abode is not known at the time of institution of legal proceedings. Mandatory regulations of the Council Regulation (EC) on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters are unaffected hereby.
a. The Licensee can only offset claims of Hot Head Co., Ltd. with undisputed or legally established counterclaims. The Licensee can only exercise a right of retention if his/her counterclaim is based on the same contractual relationship. The transfer of the Licensee's claims against Hot Head Co., Ltd. is prohibited.
b. All rights not explicitly granted in this agreement are reserved.
c. The failure or delay of Hot Head Co., Ltd. to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
d. This agreement constitutes the complete and exclusive agreement between Hot Head Co., Ltd. and Licensee with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other related communication between the parties. All rights not explicitly granted in this agreement are reserved. Any clause in this agreement, which is found to be invalid or unenforceable shall be deemed deleted and the rest of this agreement shall remain unaffected.
e. Notwithstanding any provisions in this Agreement to the contrary, we agrese that if Hot Head Co., Ltd. makes any future changes to this Agreement you may reject any such change by sending us written notice within 30 days of the change.