All software made by hamarb123 FunBandit29 - Terms and conditions

  1. Definitions:

    1. Software: A game, program, website or file

    2. The softwares: All software on the webpage found here, which can update without this licence updating and you agree that the new list is also subject to these terms and conditions

    3. The software: Each piece of software in 'The softwares'

    4. The user / licensee: The person/business agreeing to these terms and conditions

    5. The effective date: The date of when you accept this licence

    6. The licensor: hamarb123 FunBandit29

    7. The website: the licensor's website

  2. Preamble: This Agreement, signed on the effective date governs the relationship between the licensor and the licensee. This Agreement sets the terms, rights, restrictions and obligations on using the software created and owned by the licensor, as detailed herein

  3. Licence grant:

    1. Limited: The licensee may use the software for the purpose of:

      1. Running the software on the licensee's computer(s)

    2. This licence is granted perpetually, as long as the licensee doesn't materially breach it, and as interpreted per clauses 4, 10, 13 and 14

    3. The licensee acknowledged the privacy policy at https://hamarb123.github.io/privacypolicy.html, which describes how data is handled. It may be updated at any point without notice.

    4. Non-Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this licence

    5. Commercial, Royalty free: Licensee may use the software commercially and royalty free, as long as they are promoting the software and not claiming it as their own, but the licensee may not sell it in any way, shape or form

    6. Including the right to distribute derivative works: Licensee may create derivative works using the tools provided, either in the application, otherwise provided by the licensor, or sanctioned by the licensor, as long as credit to the licensor is granted and obvious and it is distributed in an appropriate way:

      1. The licensee cannot distribute if:

        1. The lisencee has had this privilege revoked by the lisensor

        2. It says otherwise in the softwares

      2. Appropriate methods of distribution:

        1. Online, for free (not for sale); or

        2. Using a distribution method provided by the licensor

      3. Other terms of distribution:

        1. Link the software, if online; and

        2. Link the website, if online.

        3. The licensee grants the licensor a perpetual, worldwide, non-exclusive, royalty-free, irrevocable licence to reproduce, prepare derivative works of, publicly display, publicly perform, and distribute licensee's works made, created, or similar in the software (unless explicitly excluded by licensor, including potentially by a category of exclusions) and such derivative works, and to sublicense any and all of the foregoing rights to third parties.

  4. Terms and Termination: The terms of this licence shall be, until terminated. The licensor may terminate this Agreement, including the Licensee's licence in the case where licensee:

    1. became insolvent or otherwise entered into any liquidation process; or

    2. exported The Software to any jurisdiction where licensor may not enforce his rights under this agreement[s] in; or

    3. the licensee was in breach of any of this licence's terms and conditions and such breach was not cured, immediately upon notification; or

    4. the licensee in breach of any of the terms of any of the clauses of this licence, or any other license in which the licensor may be involved with; or

    5. the licensee otherwise entered into any arrangement which caused the licensor to be unable to enforce his rights under this licence.

    6. The licensor may terminate this licence in cases of violation of these terms or misuse of the software (as determined by the licensor), which will terminate any grants in clause 3.

  5. Payment: In consideration of the licence granted under clause 2, the licensee shall pay the licensor a fee, via any method that the licensor accepts, except when:

    1. The software is free; or

    2. The licensor gifts you the software.

    3. a) and b) are subject to any exclusions as determined by the licensor, including but not limited to termination of previous payment, acquisition or receiving of the software.

  6. Upgrades, updates and fixes: The licensor may provide the licensee, when they see fit, with Upgrades, Updates or fixes. The licensee hereby warrants to keep the software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, update or fixes, according to the rates set by Licensor. Nothing in this Agreement shall require Licensor to provide Upgrades, Updates or Fixes:

    1. Upgrades: an upgrade is a minor / material amendment to the software. For example: from 1.X to 2.0; or 1.X.X to 2.0; or 1.X.X.X to 2.0

    2. Updates: an update is a minor / material amendment to the software. For example: from 1.1 to 1.2; or 1.1.1 to 1.2; or 1.1.1.1 to 1.2

    3. Fixes: a fix is a minor / material amendment to the software. For example: from 1.1 to 1.1.1; or 1.1.1 to 1.1.2; or 1.1.1.1 to 1.1.2; or 1.1 to 1.1.0.1; or 1.1.1 to 1.1.1.1; or 1.1.1.1 to 1.1.1.2

    4. The licensee can use older and or modified versions, if available from the licensor, but, the licensee agrees that for any older versions that there are no guarantees or rights guaranteed to them by this license (other than that which is guaranteed to them by law), but they are still required to follow this license;

    5. This is done for the sole purpose of protecting the licensor from damages (and other similar legal matters) due to the licensee using older versions of the software, which the licensor has no obligation to provide. The licensor shall not reduce any guarantees or rights in practice in relation to using older versions except for this purpose.

    6. The version format can be whatever the licensor chooses and change at any time, including formats that are not described or defined in this license.

  7. Support: The software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement shall require the licensor to provide the licensee with support or fixes to any bug, failure, mis-performance or other defect in the software:

    1. Bug Notification: The licensee may provide the licensor of details regarding any bug, defect or failure in the software promptly and with no delay from such event; the licensee shall comply with the licensor's request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.

    2. Feature Request:

      1. The licensee may request additional features in Software, provided, however, that

      2. The licensee shall waive any claim or right if such feature should feature be developed or considered for development by Licensor;

      3. The licensee shall be prohibited from developing the feature for the purposes of competing, or disclose such feature request, or feature, to any 3rd party directly competing with the licensor or any 3rd party which may be, following the development of such feature, in direct competition with Licensor;

      4. The licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and

      5. The licensee developed, envisioned or created the feature solely by himself, or otherwise has the right to transfer the rights of the idea of the feature to the developer, which is done implicitly when providing the idea of the feature to the devloper.

  8. Liability: To the extent permitted under Law, the software is provided under an AS-IS basis. The licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by the licensee as a result of the software's actions, failure, bugs and/or any other interaction between the software and the licensee's end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, the licensor shall never be liable for any defect in source code written by Licensee when relying on or using the software:

  9. Warranty:

    1. Intellectual Property: The licensor hereby warrants that the software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights

    2. No-Warranty: The software is provided without any warranty; the licensor hereby disclaims any warranty that the software shall be error free, without defects or code which may cause damage to the licensee's computers or to the licensee, and that the software shall be functional. The licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running the software on the licence's equipment

    3. Prior Inspection: The licensee hereby states that he inspected the software thoroughly and found it satisfactory and adequate to his needs (to the extent allowable by applicable laws), that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. The licensee found that the software interacts with his development, website and server environment and that it does not infringe any of End User Licence Agreement of any software the licensee may use in performing his services. The licensee hereby waives any claims regarding the software's incompatibility, performance, results and features, and warrants that he inspected the software

  10. No Refunds: The licensee warrants that he inspected the software according to clause 9(c) and that it is adequate to his needs according to clause 9(c). Accordingly, as the software is intangible goods, the licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if the software contains material flaws, unless the licensee optionally agrees to refund the program, except as required under applicable laws.

  11. Indemnification: The licensee hereby warrants to hold the licensor harmless and indemnify the licensor for any lawsuit brought against it in regards to licensee's use of the software in means that violate, breach or otherwise circumvent this licence, the licensor's intellectual property rights or the licensor's title in the software. The licensor shall promptly notify the licensee in case of such legal action and request the licensee's consent prior to any settlement in relation to such lawsuit or claim.

  12. Governing Law, Jurisdiction: The licensee hereby agrees not to initiate class-action lawsuits against the licensor in relation to this licence and to compensate the licensor for any legal fees, cost or attorney fees should any claim brought by the licensee against the licensor be denied, in part or in full.

  13. Ownership and breaking this agreement:

    1. Unless the licensee has express permission from the licensor, they cannot break this agreement

    2. The licensor of this game (as previously stated) is hamarb123 FunBandit29

    3. The licensor can do what we like to your (Account (in the software)) / (Copy of the software), as per clause 14 (applied to both account and copy of the software)

    4. The licensor can update this agreement without notification, but may optionally notify the licensee

  14. Accounts (if applicable):

    1. The licensor may suspend, modify, delete, or any perform other required actions to accounts, including those of licensee/s, to maintain integrity, comply with law, protect the service, or if a perceived breaking of the license occurs (in this last particular, the licensee can challenge it)

  15. WebView2:

    1. Some of the softwares provided by the licensor utilise WebView2 software.

    2. By agreeing to this agreement, the licensee acknowledges that they agree to all applicable WebView2 agreements, including its EULA and privacy policy.

    3. WebView2 is provided by Microsoft, its privacy policy is available at https://aka.ms/privacy.

    4. As required by section 8 of WebView2's software licensing terms, you agree that the licensor has informed the licensee that on Windows 7 and Windows 8.1 devices, "the software may periodically check for updates, and download and install them on your end users' devices without any additional notice".

    5. Smartscreen may or may not be disabled in the software, regardless, the licensee agrees to its terms and conditions and any other applicable agreements. "Microsoft Defender SmartScreen ... collects and sends the end user's information to Microsoft as disclosed in Microsoft's Privacy Statement at https://aka.ms/privacy and the Microsoft Edge Privacy Whitepaper at https://docs.microsoft.com/en-us/microsoft-edge/privacy-whitepaper#smartscreen."

  16. Other frameworks:

    1. The licensor may have opted to use a framework (and similar softwares) for creating an application, by installing the software, the licensor may or may not be prompted to agree to any of its agreements.

    2. Regardless of whether the licensee is prompted to agree to these, the licensee implicitly does so by agreeing to this license and installing the software.

  17. Parts of the software may be provided under separate licences:

    1. The licensee can view these in the software, and agrees to them when they agree to this license.

    2. If a potential licensee wishes to view these before downloading the software, they can contact the developer for a copy of these. This request must include the name of the software and a specific version (including being allowed to specify the 'latest' version).

    3. This also applies to any frameworks that the software makes use of, that is a potential licensee can contact the licensor before agreeing to the license about which frameworks are used and what licenses they have.

  18. Jurisdiction:

    1. This agreement is governed by the laws of Australia and NSW (New South Wales), and the parties consent to non-exclusive jurisdiction and venue in federal or state courts sitting in NSW. The parties waive all defences of lack of personal jurisdiction and forums non-conveniens.

  19. Entire agreement:

    1. This agreement is the entire agreement between the parties, and supersedes any and all prior agreements, understandings or communications, written or oral, between the parties relating to the subject matter hereof. This agreement may be assigned by the licensor.