This End-User License Agreement is a legal agreement between Truflag LLC ("Truflag," "we," "our," or "us") and you ("you" or "User") covering your use of the Hoople: Basketball Games mobile application (the "Licensed Application" or "App") distributed through the Apple App Store, Google Play, or any other authorized mobile application marketplace (each, a "Distribution Platform"). By installing, accessing, or using the App, you agree to be bound by this EULA. If you do not agree, do not download or use the App.
1. Scope of License
Subject to this EULA and the Usage Rules of each Distribution Platform, Truflag grants you a non-exclusive, non-transferable, revocable, limited license to download, install, and use one copy of the App on any mobile device that you own or control and that runs the operating system supported by the Distribution Platform from which you obtained the App.
You may not sell, rent, lease, lend, redistribute, sublicense, copy except as expressly permitted, reverse-engineer, decompile, disassemble, modify, or create derivative works of the App or any part of it, except to the extent such restriction is prohibited by applicable law or open-source license terms.
2. Ownership
The App is licensed, not sold. Truflag and its licensors retain all right, title, and interest in and to the App and all copies, including all intellectual-property rights therein.
3. Consent to Use of Data
You agree that Truflag may collect and use technical data and related information, such as device, system, and application software information, to facilitate software updates, support, analytics, and other services related to the App. Such data will be handled in accordance with the Hoople Privacy Policy.
4. External Services
The App may enable access to Truflag or third-party services, content, or websites ("External Services"). Use of External Services is at your sole risk. Truflag is not responsible for examining or evaluating, and does not warrant, the content or accuracy of any External Services. External Services may be unavailable or may vary by region or device.
5. Termination
This EULA is effective until terminated by you or Truflag. Your rights automatically terminate if you breach any term of this EULA. Upon termination, you must cease all use of and destroy any copies of the App.
6. Disclaimer of Warranties
To the maximum extent permitted by law, the App and any services provided through it are offered "as is" and "as available," without warranties of any kind, express or implied. Truflag expressly disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement. Your use of the App is at your sole risk.
7. Limitation of Liability
To the fullest extent permitted by law, Truflag will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or business, arising from or related to this EULA or your use of, or inability to use, the App, even if Truflag has been advised of the possibility of such damages. Truflag's total cumulative liability to you for all claims will not exceed fifty U.S. dollars (US $50).
8. Export Compliance
You may not use or export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. You represent and warrant that you are not located in any U.S.-embargoed country and are not on any U.S. government restricted-party list.
9. U.S. Government End Users
The App and documentation are "Commercial Items" as defined in 48 C.F.R. §2.101 and are provided to U.S. government end users only as Commercial Items with the same rights customarily granted to the public.
10. Governing Law and Dispute Resolution
Except where prohibited by local law, this EULA is governed by the laws of the State of Virginia, U.S.A., without regard to its conflict-of-laws rules. You and Truflag agree to submit to the exclusive jurisdiction of the state and federal courts located in Fairfax County, Virginia, for resolution of any dispute arising from this EULA.
If you are not a U.S. resident and mandatory local consumer-protection laws apply, nothing in this section limits your rights under those laws.
11. Third-Party Beneficiaries
Apple Inc. and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you for apps distributed through the Apple App Store. Google LLC and its affiliates are third-party beneficiaries of this EULA and may enforce it against you for apps distributed through Google Play.
Contact
Questions about this EULA can be sent to truflag@dnatechgroup.com.