WAEEBA END USER LICENSE AGREEMENT

Copyright (c) 2015 WAEEBA
(updated : September 19th, 2015)

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING WAEEBA’S SOFTWARE.

For purposes of this EULA "Software" means all software programs distributed, published or otherwise made available by WAEEBA : mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials. Software and Services are collectively referred to as “WAEEBA’S Software”. THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING, USING OR ACCESSING WAAEEBA’S SOFTWARE OR ANY MATERIALS INCLUDED IN OR WITH WAEEBA’S SOFTWARE, YOU HEREBY ACCEPT THE TERMS OF THIS EULA. If you do not accept the terms of this EULA, do not install, use or access WAEEBA’s Software.

1. LICENSE
By downloading, opening the file package, and/or using WAEEBA’s Software, you agree that this End User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement. Unless you have a different license agreement signed by WAEEBA your use of this application indicates your acceptance of this license agreement and warranty. Subject to the terms of this Agreement, WAEEBA grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use this application in accordance with this Agreement and any other written agreement with WAEEBA. WAEEBA does not transfer the title of this application to you; the license granted to you is not a sale. This agreement is a binding legal agreement between WAEEBA and the purchasers or users of this application. If you do not agree to be bound by this agreement, remove this application from your device(s) now.

2. DISTRIBUTION
This application and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of this application, please contact us at : contact.waeeba@gmail.com.

3. USER AGREEMENT

3.1 Use
Your license to use this application is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of this application.

3.2 Use Restrictions
You shall use WAEEBA’s Software in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of WAEEBA’s Software together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discrimination or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited. Each licensed copy of this application may be used by one single account per one user. Use of this application means that you have loaded, installed, or run this application on a smartphone, tablet or similar device. If you install this application onto a multi-user platform, server or network, each and every individual user of this application must be licensed separately. You may make one copy of this application for backup purposes, providing you only have one copy installed on one device being used by one person. Other users may not use your copy of this application . The assignment, sublicense, networking, sale, or distribution of copies of this application are strictly forbidden without the prior written consent of WAEEBA. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this application. If any person other than yourself uses this application registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation.

3.3 Copyright Restriction
WAEEBA’s Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile this application. Nor can you create any derivative works or other works that are based upon or derived from this application in whole or in part. WAEEBA's name, logo and graphics file that represents WAEEBA’s Software shall not be used in any way to promote products developed with this application. WAEEBA retains sole and exclusive ownership of all right, title and interest in and to this application and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of this application, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for WAEEBA.

3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend WAEEBA , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of WAEEBA's Software. In no event (including, without limitation, in the event of negligence) will WAEEBA , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, this application or the use or inability to use this application or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

3.5 Warranties
Except as expressly stated in writing, WAEEBA makes no representation or warranties in respect of WAEEBA’s Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law
This Agreement shall be governed by the law of the France applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of France therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of this application and destroy all copies of this application supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY
WAEEBA’S SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY WAEEBA’S SOFTWARE AS WELL.

5. CONSENT OF USE OF DATA  : PRIVACY POLICY
You agree that WAEEBA may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to this application.WAEEBA may also use this information to provide notices and tailored advertising to you which may be of use or interest to you.

5.1 How We Collect Your data
Likely situations when you make personal data available to WAEEBA include, but are not limited to: (i) by using WAEEBA’s mobile apps or visiting our websites, (ii) registration for Services, contests and special events; (iii) accessing Services using a third party ID, such as social networking sites or gaming services; (iv) subscribing to newsletters; (v) purchasing a product or services through WAEEBA’s online stores or within the app (or "in-app purchase"); (vi) using “tell a friend,” "email this page," or other similar features; (vii) requesting technical support; and (viii) otherwise through use of WAEEBA’s Software where personal data is required for use and/or participation. The data we process on you may include, but is not limited to: email address, device ID, IP-address, user names and passwords. WAEEBA may supplement your data with data received from third parties in connection with demographic, advertisement, market and other analytics surveys or services.

5.2 Ad Serving Technology
WAEEBA reserves the right to use and disclose the collected, non-personal data for purposes of advertising by WAEEBA or WAEEBA’s partners and contractors. WAEEBA may employ third party ad serving technologies that use certain methods to collect information as a result of ad serving through Services. WAEEBA or third parties operating the ad serving technology may use demographic and geo-location information (for more information regarding use of Location Data see below Section 3) as well as information logged from your hardware or device to ensure that relevant advertising is presented within WAEEBA’s software. WAEEBA or third parties may collect and use data, for such purposes, including but not limited to, data such as IP address, Device ID, MAC address, installed software, application usage data, hardware type, Operating System information, browser information, unique identifiers in browser cookies, Flash cookies, and HTML5 local storage, Internet and on-line usage information and in-game information. The foregoing data may be used and disclosed in accordance with this Privacy Policy and the privacy policy of the company providing the ad serving technology. WAEEBA may display to you behaviorally targeted advertising. If you want to be certain that no behaviorally targeted advertisements are displayed to you, please do not use or access WAEEBA’s Software. Some services may include the use of in-game advertisements or brand placement. Such ads or sponsorships will be noted as such within WAEEBA’s Software.

5.3 Location Data
WAEEBA may collect and process your location data to provide location related services and advertisements. For example, some offers may be available at dedicated locations. The location data is processed and stored only for the duration that is required for the provision of the location related feature. WAEEBA may use, depending on the service (1)IP-based location based on the IP address presented by the end-user, (2) fine geo-location data based on coordinates obtained from a mobile device’s GPS radio, or (3) coarse, network-based geo-location data based on proximity of network towers or the location of WiFi networks. Your fine, GPS-based geo-location is never accessed without your consent.

5.4 Analytics
WAEEBA uses Google Analytics to collect data. WAEEBA reserve the right to anonymously track and report a user's activity inside of WAEEBA’s Software. We use analytical information for supporting, product development, improving products and services, personalizing content, providing advertising, and making recommendations. WAEEBA do not sell your Personal Information to third-parties. For more information about Google Analytics, please see http://www.google.com/policies/privacy/partners/

5.5 Cookies, beacons and tracking
The Services may use “cookies” and other technologies such as pixel tags, local shared objects, hardware-based device identifiers, Operating System-based identifiers, clear GIFs and web beacons. WAEEBA treats information collected by cookies and similar technologies as non-personal data.
- Cookies: A “cookie” is a small file stored by your browser when told to do so by a website. Typically websites place a number of different cookies on an end-user’s machine. Some of the cookies are “1st Party,” from the website itself, and others are “3rd party,” belonging to advertising and analytics entities or social networks. WAEEBA’s cookies do not include personal data and are typically used to quickly identify your device and to “remember” your browser during subsequent visits for purposes of functionality, preferences, and website performance. You can disable cookies or set your browser to alert you when cookies are being sent to your device; however, disabling cookies may affect your ability to use WAEEBA’s Software.
- Flash cookies & HTML5: WAEEBA may also use Flash cookies (local shared objects) and HTML5 local storage. Flash cookies are small files similar to browser cookies, but which are not stored in the browser and can also be used to remember your settings, to personalize the look and feel of the Services, or for advertising and analytics. You may prevent Flash cookies from being stored by following the instructions provided by Adobe at : http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html.
- Web Beacons and pixel tags: A “web beacon” or a “pixel tag” is an electronic image (often not visible to the end-user) that allows WAEEBA to count users who have visited certain pages or viewed certain advertisements. Additionally, e-mails and other electronic communications WAEEBA sends to you may contain pixel tags that enable WAEEBA to track your usage of the communication, including whether the communication was opened and/or what links were followed, if any.

5.6 Friends
If you choose to use WAEEBA’s "tell a friend" or a similar service about WAEEBA’s Software or order a gift certificate for your friend, WAEEBA may store your friend's name and contact details that you provide to WAEEBA. Please note that certain features of WAEEBA’s Software may be able to connect to your social networking sites to obtain additional information about you. In such cases, WAEEBA may be able to collect certain information from your social networking profile when your social networking site permits it, and when you consent to allow your social networking site to make that information available to WAEEBA. This information may include, but is not limited to, your name, profile picture, gender, user ID, email address, your country, your language, your time zone, the organizations and links on your profile page, the names and profile pictures of your social networking site “friends” and other information you have included in your social networking site profile. WAEEBA may associate and/or combine as well as use information collected by WAEEBA and/or obtained through such social networking sites.

5.7 Third Party Terms and Conditions
Please note that your access to and use of WAEEBA’s Software may be subject to certain third party terms and conditions and WAEEBA is not liable for any such third parties’ use of your personal data. Certain Services that WAEEBA may offer, such as multiplayer gaming, social networking and gaming console services, may use third party services to provide authentication for the Services with a gaming console ID, social networking ID, or gaming network account. In connection with such use, certain personally identifiable user and/or membership data may be transferred automatically to and from WAEEBA.

5.8 Other
You may choose to disclose data about yourself in the course of contributing user generated content to WAEEBA’s Software. Any data that you disclose in any of these forums, blogs, chats or the like will become public information, and there is no expectation of privacy or confidentiality with respect to that data. WAEEBA may store and/or transfer your personal data to its affiliates and partners in and outside of EU/EEA member states and the United States in accordance with mandatory legislation and this Privacy Policy.

5.9 Children Privacy
WAEEBA does not knowingly collect personal information from children under 13 years of age. If WAEEBA learns that WAEEBA has inadvertently gathered personal data from children under 13 years of age, WAEEBA will take reasonable measures to promptly delete such personal data from WAEEBA’s records. WAEEBA understands the need to provide extra privacy protections to users who are children. To that end, features and services such as social networking plug-ins, behaviorally targeted advertising, and collection of data for the purpose of building user profiles are not available to users under 13. WAEEBA also does not allow our third party partners who engage in such practices to access personally identifiable data from users under 13. WAEEBA and its partners do collect non-personally identifiable data from children. This includes, for example, collection of IP-based geolocation data to ensure that the product, service or features served comply with applicable laws of that nation. WAEEBA and its partners also collect data to assess general information about the use of products, such as the number of visitors to our sites and services and which sections of a site or service are popular. WAEEBA also uses this data to provide contextually-relevant advertising to users, to prevent users from seeing the same ad repeatedly, and to allow users to personalize their experience on the site or service (for example, to save a high score in a game). WAEEBA and its partners may also use cookies, pixels, hardware-based identifiers, Operating System-based identifiers, and software-set identifiers, to manage and measure the performance of advertising. Please note that WAEEBA’s partners may have their own policies related to tracking technologies for analytics and ad-serving purposes. While WAEEBA requires that companies comply with WAEEBA’s privacy policy before WAEEBA allows those companies to access our sites and services, WAEEBA does not actually control third-party data collection and use. WAEEBA encourages parents to review the list of operators below and to become familiar with those parties policies and practices.

6. THIRD PARTY TECHNOLOGY
WAEEBA may use one or more of the following third party technology:

  • LibGDX framework: http://libgdx.badlogicgames.com/ under the Apache License version 2.0: http://www.apache.org/licenses/LICENSE-2.0

  • Tween Engine: http://code.google.com/p/java-universal-tween-engine/ under the Apache License version 2.0: http://www.apache.org/licenses/LICENSE-2.0

  • Facebook SDK: https://developers.facebook.com/docs/android/ under the Apache License version 2.0: http://www.apache.org/licenses/LICENSE-2.0

    • Waeeba © 2012 - 2015