Giraffe Games Limited (“Giraffe”) – Terms of Use

By purchasing any of our games (“Games”) through a platform store (such as iOS, Android, Windows phone and others) or such other platforms as may be made available from time to time (the “Platforms”), and/or using any of our software, applications, products or services and/or viewing or accessing Giraffe Games website (the “Website” or “Site”) you expressly agree to the following Terms and Conditions detailed below (the “Terms“).

The Privacy Policy, together with any game license agreement are to be read as a whole and form an integral part of the Terms.

Your purchase and/or use of the Games, software, applications, products or services and/or use of the Website signifies your acceptance of these Terms and constitutes a legally binding acceptance of this agreement. If you do not agree to these conditions you are not allowed to access or use the Games, software, applications, products, services or the Website. Giraffe reserves the right to modify, alter and update the content of these Terms at anytime.

Although Giraffe attempts to ensure that all information contained in the Games is error-free, we accept no liability for omissions, and reserve the right to change or alter the content of the Games and/or Website at anytime. Giraffe does not make any warranty that the Games, software, applications, products, services or Website are free from infection from viruses; nor does any provider of content to the Website or their respective agents make any warranty as to the results to be obtained from use of the Website.

UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GIRAFFE OR ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE GAMES, SOFTWARE, SERVICES AND/OR WEBSITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE TO ASSUME ALL RISK RELATED TO YOUR USE OF THE GAMES, SOFTWARE, SERVICES AND/OR WEBSITE, INCLUDING BUT NOT LIMITED TO, THE RISK OF COMMUNICATIONS WITH OTHER PEOPLE OR DAMAGE TO YOUR COMPUTER.

Your Account
The details you provide during the registration process must be correct. The username and password that you create and the activities occurring on your account are your sole responsibility.
Please ensure that you keep your password and login details safe at all times and update these as necessary. Please note that we are not responsible if someone uses your password to do something on the Website that you don’t like or that causes you harm or disrepute. Always refrain from giving out information about yourself while using the Website and the Games.
There may be features available in the Website or the Games that allow you to make modifications. If you make any content available on or through our Game, you agree to give us permission to use, copy, modify, adapt, distribute, and publicly display that content. This permission is irrevocable, and you also agree to let us permit other people to use, copy, modify, adapt, distribute, and publicly display your content. While you are not giving up your ownership
rights in the content uploaded, please think carefully before you post any content, because it will be made available and might even be used in a way you do not like by others. You are able to use the Website and the Games as long as you comply with the Terms, including that you must not use the Website or Games in any way which we might think is offensive, immoral or illegal, or makes other people feel uncomfortable or upsetting. If you are going to make something available on or through any Games, it must not be (without limitation) offensive or
illegal, racist, homophobic, discriminatory, bullying / trolling in nature or intent, defamatory, abusive, pornographic, explicit and must not be someone else’s creation, intellectual property or image. While it is not our job to moderate and remove infringing material, we reserve the right to take down any content and/or to suspend or terminate your account in our sole discretion.

 

Age restrictions

Giraffe does not target the Website or its services to users under 13 of age. There may be certain access restrictions placed on any under 13 year old users. You agree that if you assist users under 13 years old to access the Website or services, with your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) that you will assume full liability for any consequences and that UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE NEITHER GIRAFFE, NOR ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE BY USERS UNDER 13 YEARS OF AGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links

Giraffe accepts no responsibility for the links to or from its website and the inclusion of these links does not mean that Giraffe endorses the material or content of these sites.

Advertisements

Giraffe accepts no responsibility for any third party advertisements that may appear on the Website.

Online Purchases

Online purchases are made via the Platforms and the terms and conditions for the use of the services of the Platforms apply to your purchase.

We are not liable for errors in pricing at our online products. If a product was not priced properly as determined by Giraffe has the right to correct the price on any previously placed orders and re-price the product or refund any purchases on the product.

Online support: support@giraffe-game.com

 

 

Disclaimer Regarding Third Party Games, Applications or services

YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY THIRD PARTY GAME, APPLICATION OR SERVICE THAT MAY BE ACCESED VIA THE WEBSITE OR OTHERWISE, IS BEING PROVIDED TO YOU BY A THIRD PARTY PROVIDER AND NOT BY GIRAFFE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY SUCH THIRD PARTY GAME, APPLICATION OR SERVICE MAY ALSO BE GOVERNED BY SUCH THIRD PARTY GAME, APPLICATION OR SERVICE PROVIDER’S TERMS OF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHER SUCH AGREEMENT. LICENSOR EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY SUCH THIRD PARTY GAMES, APPLICATIONS OR SERVICES OR YOUR USE THEREOF.

Terms & Conditions for the Sale of Game Currency and Upgrades

Please read these Terms carefully before purchasing Game Currency (as defined below) and upgrades. By purchasing any Game Currency and/or upgrades, you agree to be bound by these Terms.

INTRODUCTION

These Terms and Conditions for the Sale of Game Currency and upgrades (the “Terms“) govern the purchase or allocation to you, and use by you, of virtual currency (“Game Currency”) and upgrades to the Games which are made available for purchase  via the Platforms.

By clicking “I CONFIRM” in connection with a purchase of Game Currency and/or upgrades:

• – you agree to be bound by these Terms;
• – you represent that you are an adult 18 years of age or older or, if under 18 years of age, that you have the consent of a parent or guardian and will provide their details if requested by Giraffe;
• – you agree to pay for the Game Currency and/or upgrades at the indicated price, and you confirm that you are permitted to use the payment source that you have provided; and
• – you authorise Giraffe, or its designated payment processor, to charge the full amount to the payment source you have designated for the transaction.

 

PURCHASE AND USE OF GAME CURRENCY AND UPGRADES

Giraffe will from time to time offer to sell packages of Game Currency and/or upgrades via the Platforms in app purchase form. The Platforms are entitled to change the purchase price for Game Currency and/or upgrades at any time. At the time of purchase of Game Currency, you may be offered additional Game Currency free-of-charge. You may also, from time to time, be invited to participate in online marketing, surveys or campaigns on or via the Site in connection with which you may be offered additional Game Currency without additional charge. However, for the purposes of these Terms no distinction is made between paid-for and free-of-charge Game Currency.

Game Currency is limited licences to digital goods and do not constitute personal property and are not legal tender or currency of any kind. All Game Currency purchased by you is non-refundable. No interest is paid or earned on any Game Currency balance. Game Currency is  not redeemable for any sum of money or monetary value from Giraffe unless otherwise expressly agreed in writing by Giraffe.

Unexpired Game Currency may be redeemed by you in order to acquire additional features, items, upgrades or benefits (collectively “Premium Items“) within or in connection with the Games. When you use Game Currency to acquire a Premium Item within a Game, the relevant amount of Game Currency will automatically be deducted from your account.

The nature and duration of Premium Items varies between and within the Games. Some Premium Items may only be used for a limited number of uses or time within the relevant Game(s). Game Currency will not in any circumstances be refunded to you in respect of any unused uses or unused time for use-limited or time-limited Premium Items. Giraffe may, without notifying you, vary the scope, variety and type of Premium Items. Giraffe has no obligation to make, or continue to make, any specific Premium Item that may or may not have been acquired by you available in or in connection with any Game. Giraffe may in its sole discretion restrict or vary the type of Premium Items available to you based on your country of residence.

All Game Currency will, upon purchase or allocation, be allocated to the associated Giraffe account through which the purchase or allocation is made. Game Currency allocated to an account shall not in any circumstances be transferred between accounts, or between you and any other person save for Giraffe authorised and enabled transfers between Games. It is strictly prohibited to transfer or attempt to transfer Game Currency between two or more accounts in any way. You shall not transfer Game Currency between accounts by any means that attempts to bypass normal playing rules or that is contrary to the general purpose of a Game (for example: by using one account to intentionally loose a Game to another account for the purpose of transferring Game Currency between the accounts). It is strictly prohibited to use multiple accounts to hold and use Game Currency in any manner that is contrary to the general purpose of a Game. It is strictly prohibited to sell an account or any Game Currency to any person.

Giraffe may from time to time limit the use of Game Currency, including applying limits to the number of Game Currency allocated to your account at any time, and/or the number of Game Currency redeemable within a given time period.

SUSPENSION OR TERMINATION OF YOUR ACCOUNT

Giraffe reserves the right to suspend or terminate your account if Giraffe or its designated payment processor is unable to verify or authenticate any information (including payment information) you provide in connection with the purchase or use of the relevant Game Currency, or is notified of or reasonably suspects fraudulent, abusive or other unlawful activity whatsoever in relation to your account or Game Currency balance, or if you are otherwise in breach of these Terms or any other applicable Terms of Giraffe.

If your account has been suspended or terminated, you will (temporarily or permanently, as applicable) lose some or all of the balance of Game Currency on your account. In such an event you agree that you are not entitled to any reimbursement or refund of any payment for Game Currency, or any other compensation, except at the sole discretion of Giraffe.

Please notify Giraffe immediately if you dispute a transaction for Game Currency or believe that any transaction occurring on your account is unauthorised.

LIABILITY

You accept that your purchase or attempted purchase of Game Currency and use of it within Games is entirely at your own risk. Your only remedy for a technical failure or interruption of service in connection with a purchase of Game Currency is to request that your transaction be completed at a later time. To the fullest extent permissible by applicable law, Game Currency is provided on an “as is” and “as available” and without warranties of any kind either expressed or implied.

You are responsible for and agree to reimburse Giraffe for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by it (including costs and related expenses) that were caused by or arising out of payments that you authorised or accepted, or which otherwise relate to any misuse of Game Currency by you.

Notwithstanding the foregoing, nothing in these terms shall exclude or restrict the liability of Giraffe for death or personal injury caused by its negligence or for any other liability which cannot be excluded or restricted under applicable law.

PROVISION OF INFORMATION

The following information is provided to you in accordance with the Consumer (Distance Selling) Regulations 2000 (as amended) and the Electronic Commerce (EC Directive) Regulations 2002 (collectively the “Regulations“):

• – The name and address of the provider of this website is Giraffe Games Limited, 26 Upper Pembroke Street, Dublin 2, Ireland. Giraffe’s company registration number is 535897. Your contract for the purchase and use of Game Currency and upgrades is with Giraffe. The language of the contract is English.

• – The main characteristics relating to the Game Currency are described in these Terms and on the Website. The technical means for concluding the contract to buy Game Currency are explained at the top of these Terms. If you have made a mistake in inputting information and BEFORE YOU AGREE TO COMPLETE THE TRANSACTION, please delete the relevant field or click on the back arrow (as relevant) in order to change or re-input that information.

• – The price of Game Currency is as stated at the time of purchase on the Website. The price includes value added tax (where applicable).

• – The email address for assistance and complaints is support@giraffe-games.com.

• – If you wish to obtain a copy of the contract between Giraffe and you, please print off a copy of this page. It may be updated by us from time to time.

• – The provision of Game Currency is a service provided by Giraffe and by agreeing to these terms and placing an order for Game Currency, you confirm that you would like this service to be provided by Giraffe. The Game Currency  is delivered “unsealed” automatically upon receipt of the relevant price paid by you for the Game Currency and therefore you will have no cancellation rights in respect of the Game Currency under the Regulations. The above information is all the information that we are required to give you by the Regulations.

 

GENERAL

The copyright and all other intellectual property rights in the Game Currency and all text, artwork, graphics or images associated with the Game Currency are and shall at all times remain the exclusive property of Giraffe or its licensors (as applicable).

A failure or delay by Giraffe in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms. If any provisions of these Terms shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

These Terms and any dispute or claim arising out of or in connection with them (including any non-contractual claims or disputes) shall be governed by and construed in accordance with the laws of Ireland and you and Giraffe irrevocably submit to the exclusive jurisdiction of the Irish courts.

User Rules

Users may be banned or accounts suspended or terminated on any Game or the Website if users use inappropriate language or inappropriate behaviour with each other as determined by Giraffe. Inappropriate language and/or inappropriate behaviour is not allowed on the Platforms. Giraffe is not responsible for user content, postings, chat, and/or communications. Users are responsible for their own actions.

You agree not to do any of the following:

1. Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
2. Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
3. Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind,
4. Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
5. Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
6. Engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet;
7. Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
8. Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.

We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these Rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the service as determined by Giraffe.

We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a Giraffe website or service in violation of the law.

Jurisdiction

The laws of Ireland govern these Terms, without giving effect to conflict of laws provisions. The courts of Ireland have exclusive jurisdiction over all disputes relating to or arising from the execution or performance of this agreement unless Giraffe wishes to initiate legal proceedings in your home legal jurisdiction. In all judicial actions, arbitrations, or disputes resolution methods, the parties waive any punitive damages.

Webmaster Site Terms & Conditions

Please read these Terms carefully as they contain important information on your rights and obligations, including limitations on Giraffe’s liability to you.

Service Provider

The Website and related sub-sites are owned and operated by Giraffe Games Limited an Irish registered company. The content and services on the Website are provided by Giraffe.

You can contact Giraffe by any of the following means:

• – e-mail to: contact@giraffe-games.com
• – letter to: Giraffe Games Limited, 26 Upper Pembroke Street, Dublin 2, Ireland

Your Agreement

These Terms govern your use of the Website and the content in or on the Website and the resulting service that Giraffe may provide to you. A minor should seek consent from his or her legal guardian before using the Website.

By using this Website or any content or Service on the Site, you agree to and accept these Terms as amended or updated from time to time.

If you do not agree with any of these Terms you must not use this Site. Occasionally, these Terms may change. It is your responsibility to check these Terms regularly so that you are aware of any such changes. Your continuing use of the Site constitutes your agreement to the changes.

Your use of the Site

The Site brings people together to enjoy online games and entertainment. For it to remain a safe and pleasant environment, you must treat all users with respect and comply with all Site policies.

The majority of games and services on the Site are free (except where specified) and to be played over the internet.

The Giraffe Games are for use as described in the Terms They may not be used in any circumstances for any other purpose or in any other manner whatsoever.

You may not use any of the Giraffe Games, other games and services on this Site for any commercial purposes of any nature whatsoever. In addition, you may not link to any of the Giraffe Games from Facebook (www.facebook.com) without Giraffe’s express agreement in writing.

You may link to the Giraffe Games on the Site, only after you have accepted the Terms and provided that you link to the Giraffe Games in a way that does not damage the reputation of Giraffe and does not suggest any form of association with Giraffe.

Availability

Giraffe aims to provide a stable and reliable website. However, there may be times when Giraffe Games, or other games and services, are unavailable due to maintenance of the system or technical problems. Giraffe may also suspend or permanently remove any Giraffe Game, or other game or service for any reason without needing your consent or giving prior notice.

Giraffe will not be liable for any loss, damage or upset that you suffer as a consequence of a Giraffe Game, or other game or service becoming temporarily or permanently unavailable.

Further, you acknowledge that Giraffe has embedded a link back to the Site in each of the Giraffe Games.  You agree to keep the link intact at all times.  If you remove the link or prevent it functioning in any way, Giraffe reserves the right to revoke this licence or to request that you immediately re-instate such link.

Other users

If you feel that the behaviour of another user breaches these Terms (or any of the Site policies), then please let Giraffe know by sending an email to support@giraffe-games.com. Giraffe will take reasonable steps to deal with the breach.

Giraffe will not be liable for any loss, damage or upset that you suffer as a consequence of the actions of another user. Any such claim should be directed against the user responsible.

Viruses

In using the internet to access the Site, you are responsible for ensuring that your computer / portable device / smartphone has suitable anti-virus software that is up to date. Giraffe will take reasonable steps to ensure that the content on the Site is free from viruses and other malicious software.

Giraffe will not be liable for any loss or corruption of data that you suffer as a consequence of receiving a virus or other malicious software through use of the Site.

Further, if you do not have appropriate anti-virus software, Giraffe will not be liable for any loss, damage or upset that you suffer as a consequence of receiving a virus or other malicious software through use of the Site.

Giraffe will not be liable for any loss, damage or upset that you suffer as a consequence of using the Giraffe Games, other games and services of another company through this Site. Any such claim should be directed against the external company responsible for such game.

Adverts

Giraffe does not control the advertisements that are placed on this Site (if any), but advertisers are required to comply with Giraffe’s advertising policy. Please report any advert that you find offensive or inappropriate to support@giraffe-games.com. If Giraffe finds that such advertisement breaches the advertising policy, then Giraffe will take appropriate action.

If you click on any advert, you will be dealing with external companies responsible for that advert. Giraffe does not control the actions of these companies or the content of their websites.

Giraffe will not be liable for any loss, damage or upset which you suffer as a result of viewing or clicking on advertisements in any circumstance. Any claim for loss should be directed against the external company responsible for the advert.

Intellectual property

All content on the Games and/or the Site is the copyright of Giraffe or other providers. You may not use any of this content for any purpose or in any manner whatsoever that is not authorised by the copyright owner.

You may not:

• – use the words Giraffe Games, or any similar words on your website without the prior written consent of Giraffe;

 

• – use the words Giraffe Games, or any similar words in the domain name for your website;

 

• – use the layout of Giraffe’s website on your website.

 

All other trademarks used in the Games are owned by their respective owners.  You may not use any of these trademarks for any purpose or in any manner that is not authorised by its owner.

 

Copyright Infringement

If you believe that your copyrightable work is being displayed on the Games or the Website and is violating copyright regulations, please advise us immediately at contact@giraffe-games.com in order that we may investigate the matter.

Address: Giraffe Games Limited, 26 Upper Pembroke Street, Dublin 2, Ireland

Applicable law

These Terms shall be interpreted in accordance with Irish law.

Content Posting/Submissions

By submitting/posting any content, such as but not limited to audition, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials, you hereby grant to Giraffe, a non-exclusive, royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such content on and through Giraffe services and the Website or any other medium.

Acceptable Use Policy

Giraffe has no tolerance for any misuse of our website for any immoral, illegal or other activity deemed to be inappropriate by Giraffe. We hold any user of the Website responsible for any misappropriate behaviour which includes any attempt to use our system for spamming or any other type of abuse. If we get a complaint we can investigate and if necessary track down the person or persons responsible the activity to take any necessary actions such as prosecution.

 

Giraffe Game License Agreement

 

Use or Distribution of Games or other content.

Giraffe Software License Agreement (Games and content)

Definitions: Games, videos, and content produced by Giraffe shall be known as the “SOFTWARE”.

You should carefully read the following terms and conditions before using this SOFTWARE. Unless you have a different license agreement signed by Giraffe, your use or distribution of this SOFTWARE indicates your acceptance of this license agreement and warranty.

Use of the SOFTWARE is contingent on your agreement to the following terms:

GRANT OF LICENSE

Giraffe currently makes the SOFTWARE available through platform stores (such as iOS, Android, Windows phones and others) and such other platforms as may be made available from time to time.  However, Giraffe may in the future make available Games that can be played through web browsers, including third party web browsers.  The use of such Games will be subject to the terms of use of the web browsers and its use may be available for purchase.  When the Game is available through Giraffe’s own web browsers, it grants you a limited non-exclusive license to use the SOFTWARE only according to this agreement. The license may be purchased by you at a price, if any, which may be   altered at any time by Giraffe. You agree to pay any such licensing fee that may be imposed in the future or to remove the SOFTWARE from your site immediately. Giraffe is not obligated to supply any support whatsoever. Giraffe reserves the right to revoke this License and or restrict the use of the SOFTWARE on a website or its distribution at any time, for any reason.

The SOFTWARE may not be used on sites that are pornographic, hate related, racist, or sites that install adware or other types of sites that Giraffe in it’s sole discretion sees as being unsuitable. Giraffe may also at its sole discretion exclude websites or companies from software licenses. If you are using the SOFTWARE on a website and you are notified by Giraffe to remove it you agree to do so immediately. YOU ARE NOT ALLOWED TO PACKAGE THE SOFTWARE WITH YOUR SOFTWARE OR OTHER 3RD PARTY SOFTWARE, OR REQUIRE OR ENCOURAGE USERS TO DOWNLOAD OTHER SOFTWARE IN ORDER TO ACCESS GIRAFFE SOFTWARE SUCH AS ADWARE, TOOLBARS, DESKTOP APPLICATIONS OR ANY OTHER TYPE OF SOFTWARE. YOU ARE NOT ALLOWED TO REQUIRE USERS TO DIAL PREMIUM NUMBERS TO ACCESS GIRAFFE SOFTWARE OR PROMISE THEM ACCESS TO GIRAFFE SOFTWARE VIA PREMIUM TELEPHONE NUMBERS OR OFFER OTHER PREMIUM SERVICES WITHOUT THE EXPRESS WRITTEN CONSENT OF GIRAFFE. The license terms may be changed at any time and are available to see on the Giraffe Website.

DISCLAIMER OF WARRANTY

THE SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIRAFFE FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH THE RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIRAFFE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF GIRAFFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANT ABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. Because of the various hardware and software environments into which the Software may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. The user must assume the entire risk of using the Software. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.

SCOPE OF GRANT

You may not reverse engineer, decompile, disassemble or modify the SOFTWARE in any way. Giraffe shall retain title and all ownership rights to the SOFTWARE.

COPYRIGHT

This SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

MAINTENANCE

Giraffe is not obligated to provide maintenance or updates for the SOFTWARE. However, any maintenance or updates provided by Giraffe shall be covered by this Agreement.

DISTRIBUTION

You are hereby licensed to make as many copies of this SOFTWARE as you wish and distribute the software in its unmodified form via a website You are specifically prohibited from charging for use of or access to, or requesting donations, or bundling with any other software or hardware the SOFTWARE unless you obtain a custom license agreement from Giraffe. You are not allowed to distribute the SOFTWARE on CD.

YOUR USE OF THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. SHOULD YOU FAIL TO COMPLY WITH ANY OF THE ABOVE, YOUR USER RIGHTS ARE AUTOMATICALLY TERMINATED. THIS TERMINATION WILL BE IN ADDITION TO ANY CRIMINAL, CIVIL OR OTHER REMEDIES WHICH GIRAFFE MAY SEEK.