This end user license agreement (“License”) is an agreement between you and the University of Idaho (“UI”), a public corporation, state educational institution, and a body politic and corporate organized and existing under the Constitution and laws of the state of Idaho. This License governs your use of this application and all related documentation, updates, upgrades that replace or supplement this application and are not distributed with a separate license.
IF YOU DO NOT ACCEPT THE TERMS IN THIS LICENSE, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD, INSTALL OR USE THE APPLICATION.
IF YOU INSTALL OR USE THIS APPLICATION, YOU HEREBY CONSENT TO AND FULLY ACCEPT ALL THE TERMS IN THIS LICENSE AND AGREE BE BOUND BY THIS LICENSE.
1. LICENSE The UI application is licensed to you, not sold. UI grants you a limited, non-exclusive, non-transferable, revocable license to install and use the application for your personal, non-commercial purposes. Unless expressly authorized by UI or otherwise permitted by law, you must not copy, distribute, publish, or otherwise make the application available for others to copy, e.g. rent, lease, or lend the application. Unless expressly authorized by UI or otherwise permitted by law, you must NOT reverse engineer, decompile, disassemble, or attempt to extract or use source code or other date from this application. UI owns and reserves all other rights, including all rights, title and interest in this application and associated intellectual property rights. UI reserves the right to modify this License at any time, as specified in Section 10.
2. AVAILABILITY AND UPDATES UI does not guarantee that this application will be available at all times, in all locations, or at any given time, or that UI will continue to offer this application for any particular length of time. UI also does not guarantee that this application can be accessed on all devices, by means of a specific internet or connection provider, or in all geographic locations.
From time to time, UI may update, change, or modify this application without notice to you. These updates and modifications may be required in order to continue to use this application.
3. TERMINATION This License is effective until terminated. If UI disables the ability to use the applications on your devices, any associated license rights will immediately terminate. If you fail to comply with any of the terms of this License or there has been otherwise unlawful, improper, or fraudulent use by you or by others through you, your rights under this License will terminate immediately and automatically without any notice from UI. Promptly upon termination, you must cease all use of this application and destroy all copies of the application in your possession or control. If UI takes any action described in this Section, you will not be entitled to a refund. UI’s termination will not limit any of UI’S other rights or remedies at all or in equity.
4. USE OF DATA When you use an UI application, UI may collect and store data from your computer or device, including information about your computer or device and operating system (such as IP Address and device ID), information about your usage, gameplay, and usage statistics, system interactions, and peripheral hardware. If you use the UI application offline, this data may be stored on your device and transmitted to UI when your device connects to the Internet. UI may use this information in its educational activities, its operations to improve its products and services, to provide services to and communicate with you (including for marketing purposes), to provide software updates, dynamically serve content and software support, and to trouble-shoot bugs or otherwise enhance your experience. If you participate in online services in connection with the application, UI also may collect, use, store, transmit, and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players.
5. DISCLAIMER OF WARRANTIES UI applications are licensed and provided "as is." You use them at your own risk. To the full extent permitted under applicable law, UI gives no express, implied or statutory warranties, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, and warranties arising from a course of dealing, usage or practice. UI does not warrant against interference with your enjoyment of the UI product or service; that the UI service will meet your requirements; that operation of the UI service will be uninterrupted or free from errors, bugs, corruption, loss, interference, hacking or viruses, or that UI services will interoperate or be compatible with any other software. UI does not warrant or guarantee any third party product or service offered in or in connection with the application.
6. LIMITATION OF LIABILITY To the fullest extent permitted by applicable law and except as otherwise provided in this Section 6, UI, its vicarious agents, and/or its legal representatives shall not be liable for any direct, indirect, consequential, incidental, special, punitive or other damages whatsoever arising out of or in any way related to the use of or inability to use the application. The types of excluded damages include, without limitation to, for example, financial losses, cost of substitute goods or services, business interruption or stoppage, loss of data, loss of goodwill, and computer failure or malfunction. This limitation applies to any claim arising out of or related to this license, whether based in contract, tort, statute, strict liability or otherwise. It also applies even if UI knew or should have known about the possibility of such damages. You may recover only direct damages in an amount no greater than what you actually paid for the application and any updates or upgrades to the application.
7. ENTIRE AGREEMENT This License constitutes the entire agreement between you and UI with respect to your use of UI application. The agreement may not be amended or modified unless made in writing and signed by UI. The failure of UI to exercise any right under this License shall not constitute a waiver of the right or any other rights. If any part of this License is held to be unenforceable, all other parts of the License shall continue in full force and effect. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License govern.
8. GOVERNING LAW This license shall be governed by and construed under the laws of the State of Idaho, regardless of conflict of law principles. You expressly agree that for claims and disputes arising out of or related to this License shall be governed by the sole and exclusive subject matter jurisdiction and venue of the state and federal courts in Latah County, Idaho.
9. EXPORT You agree to abide by U.S. and other export control laws and agree not to transfer UI applications to a foreign nation, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom UI prohibited from transacting business under applicable law.
10. CHANGE TO THIS LICENSE UI may modify this License from time to time, so please review it frequently. The revision will become effective thirty (30) days after posting at http://www.polymorphicgames.com/ . Your continued use of this UI application means you accept the changes and consent to be bound by the latest effective version of License. The decision to consent or not is entirely voluntary and you do not have to consent. If you decline to consent to the changes, you may not be able to continue use this application.