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. Premable: This Agreement, signed on the effective date governs the relationship between the licensor and the licensor. 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 you don't materially breach it

    3. This licence includes the privacy policy located at https://hamarb123.github.io/privacypolicy.html

    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 lisensee has had this privelage 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. Licensor may include, and from then on, own any work in the software

  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

    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 under any circumstance for any reason, 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.

  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, but, in relation to the version that the licensee is using, they agree that they cannot use this licence against the licensor, but the licensor can still use the licence against them

    5. The version format can be whatever the licensor chooses and change at any time

  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 in such feature should feature be developed by Licensor;

      3. The licensee shall be prohibited from developing the feature, 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.

  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, 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. 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:

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

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

    3. The licensee can do what we like to your (Account (in the software)) / (Copy of the software)

    4. The licensee can update this agreement without you knowing

  14. Accounts (if applicable):

    1. The licensee has permission to change the licensor's account in any way, shape or form, for any reason, even discriminatorily or no reason at all

    2. The licensee has the right to delete licensor's account for any, for any reason, even discriminatorily or no reason at all

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

    1. The licensee can view these in the software