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End User License Agreement (EULA)
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PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”). BY DOWNLOADING AND INSTALLING EVERYDOG DIGITAL SOFTWARE (“SOFTWARE”), YOU AND ANY ENTITY YOU REPRESENT (“CUSTOMER”) AGREE TO BE BOUND BY THIS AGREEMENT WITH. IF CUSTOMER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
Limited License Grant
This License grants you (“Customer”) a revocable, nonexclusive, nontransferable, limited license to download, install and use of EVERYDOG DIGITAL applications solely for your personal, noncommercial purposes strictly in accordance with the terms of this Agreement. With respect to the specific program modules, feature set(s) or feature(s) of the Software identified in any Proof of Entitlement, and subject to Customer’s compliance with the Limitations and Restrictions section of this Agreement, including, without limitation, Customer’s payment of any applicable Fees, EVERYDOG DIGITAL grants to Customer a limited, revocable, nonexclusive and nontransferable license, during the License Term to: (1) download, install and use such Software consistent with the use and restrictions set forth in the applicable Proof of Entitlement and only for Customer’s internal business purposes; (2) reproduce, copy, modify, and create derivative works of any such Software that is provided in source code format, only for Customer’s internal business purposes; provided, however, that if any Software is provided in source code format, Customer shall not create any derivative works of the Software that contain Open Source Software nor shall Customer use the Software or portion thereof to merge with, link to, make function calls to, or share data structures with any Open Source Software, if any such combination or use of the Software would require the Software to be made available royalty free or in source code form; (3) use the Software in conjunction with Third Party Software in a manner consistent with the terms of this Agreement; (4) review the Software including, without limitation, unpacking archives (such as ZIP, SWI and RPM files provided by EVERYDOG DIGITAL), and accessing underlying operating system facilities; and (5) extend the Software provided in source code format and linking Customer-developed software to the Software. As used in this Agreement, “Open Source Software” means any software made available by a third party under a license approved by the Open Source Initiative, or any substantially similar license.
Limitations and Restrictions
Except as otherwise expressly provided in this Agreement, the foregoing license grant excludes any right to, and Customer shall not: (1) sell, transfer, assign or sublicense the Software or Customer’s license rights under this Agreement, whether voluntarily or by operation of law, to any third party, directly or indirectly, and any such attempted transfer, assignment or sublicense shall be void; (2) use or allow use of the Software on any hardware other than the Equipment or Applicable Devices; (3) modify, reproduce, decompile, decrypt, disassemble, reverse engineer, create derivative works of or otherwise reduce to human- readable form any Software (other than Software that is provided in source code format); gain access to confidential information in the Software; circumvent any copy-protection or license enforcement; or attempt to do any of the foregoing, except to the extent expressly permitted by applicable law; (4) combine, commingle, or integrate any Software with Open Source Software or incorporate Open Source Software into any Software that may add any additional Open Source Software requirements, obligations, or licensing terms to the Software; (5) disclose to any third party any results of benchmarking or other testing generated in connection with Customer’s use of Software, including without limitation any comparisons of the Software or Equipment with any other products; (6) provide a third party with a copy of or access to the Software (including, without limitation, source code) (if Customer does so, Customer will be responsible to EVERYDOG DIGITAL for all acts of such third party); (7) remove from the Software (or fail to include in any copy) any readme files, notices, headers, disclaimers, marks or labels; and (8) use or allow use of the Software in violation of any applicable law or regulation or to support or facilitate any illegal activity. Customer shall be liable to EVERYDOG DIGITAL for any damages, injury or harm caused to X as a result of Customer’s violation of any of these limitations or restrictions.
Evaluation License
EVERYDOG DIGITAL may make certain Software available in object code form to end users only for evaluation, training or other limited non-commercial and limited commercial promotional purposes without charging a Fee (“Evaluation License”). Where EVERYDOG DIGITAL has provided an Evaluation License, all of the terms of this End User License Agreement shall apply except that (i) Customer’s license rights shall be limited to the evaluation of that Software, (ii) Customer shall not be required to pay a Fee for the evaluation of that Software and (iii) X shall have the right to revoke the license to the Software at any time and for any reason.
Updates
The terms and conditions of this Agreement shall apply to any upgrades, updates, bug fixes or modified versions (collectively, “Updates”) or additional copies of the Software. Notwithstanding any other provision of this Agreement: (1) Customer has no license or right to use any such Updates or additional copies unless Customer, at the time of acquiring them, already holds a valid license to the Software associated with such Updates and has paid any required Fees for such Software; and (2) use of additional copies of the Software is limited to backup purposes only. By downloading or using any Updates, Customer’s rights with respect to the Updates are subject to the terms of the latest revision of this Agreement posted at the time of receipt of the Updates, then-current policies and procedures of EVERYDOG DIGITAL, and Customer’s Proof of Entitlement for the Software associated with such Updates.
Proprietary Notices
Customer agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software. Except as expressly authorized in this Agreement, Customer may make such backup copies of the Software as may be necessary for Customer’s lawful use, provided Customer affixes to such copies all copyright, confidentiality, and proprietary notices that appear on the original.
Reservation of Rights
The Software and documentation are owned by EVERYDOG DIGITAL and its licensors, and is protected by copyright, patent, trademark, and trade secret laws of the European Union and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between Customer and EVERYDOG DIGITAL, the Software, including without limitation intellectual property rights therein and thereto, are the sole and exclusive property of EVERYDOG DIGITAL or its subsidiaries or affiliated companies and/or its third-party licensors. All Software is licensed to Customer, not sold. EVERYDOG DIGITAL reserves all rights not expressly granted in this Agreement, and no rights or licenses shall be deemed or interpreted to be granted or transferred hereunder, whether by implication, estoppel, or otherwise.
Protection of Information
Customer agrees that the Software and associated documentation, including, without limitation, the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of EVERYDOG DIGITAL. Customer shall not disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of EVERYDOG DIGITAL.
Term and Termination
This Agreement is effective until terminated. Customer may terminate this Agreement at any time by destroying all copies of Software including, without limitation, any documentation. Customer’s license rights under this Agreement will terminate immediately without notice from EVERYDOG DIGITAL if Customer fails to comply with any provision of this Agreement. If Customer’s Proof of Entitlement for any Software states that the license for that Software is “Perpetual,” then the License Term applicable to that Software is perpetual, subject only to termination for breach of this Agreement. Upon termination or expiration of this Agreement for any reason Customer shall immediately cease using any Software and must destroy all copies of the Software and associated documentation in its possession or control.
Disclaimer of Liabilities
IN NO EVENT WILL EVERYDOG DIGITAL, LEE D’ARCY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY LOST REVENUE OR PROFIT, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF EVERYDOG DIGITAL OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF EVERYDOG DIGITAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUPPLIERS OR LICENSORS TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNTS ACTUALLY PAID TO EVERYDOG DIGITAL BY CUSTOMER FOR THE SOFTWARE OR EQUIPMENT THAT IS THE SUBJECT OF SUCH CLAIM IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE WHEN NOTICE OF SUCH CLAIM WAS PROVIDED HEREUNDER.
Indemnification
Customer shall defend, indemnify, and hold EVERYDOG DIGITAL, its affiliates, directors, employees, and representatives harmless against any liabilities, losses, damages, claims, demands, fees, expenses and other costs of any kind or nature, including, without limitation, any attorney fees, expert fees, filing fees, judgments, and settlement amounts associated therewith, as and when incurred, arising out of or related to Customer’s use of the Software or any breach or alleged breach by Customer or any of Customer’s employees, representatives or agents of any obligation, representation contained in this Agreement.
Export and Compliance with Laws
Customer shall comply with all applicable laws and regulations in connection with its use of the Software, as well as related technical information and data. Customer does acknowledge that the Software may contain encryption or encryption technology and may be subject to certain controls and restrictions under EU and non-EU export, re-export and other laws, regulations and restrictions (collectively, the “Export Regulations”). Customer agrees that it is solely responsible for obtaining and will obtain any necessary approvals or licenses from the applicable EU and foreign regulatory authorities. Without limiting the generality of the foregoing, Customer represents and warrants to EVERYDOG DIGITAL that it will not, directly or indirectly, export or re-export, supply or otherwise make available the Software or any related technical information or data to any person in violation of any Export Regulation, including, without limitation, re-exporting, supplying or otherwise making available the Software.
Trust-Based Licensing Model
Certain Software licensed under this Agreement does not include programmatic license enforcement. It is Customer’s responsibility to ensure compliance with this Agreement, including, without limitation, all applicable restrictions set forth herein or in any Proof of Entitlement. By adopting this trust-based licensing model, EVERYDOG DIGITAL does not waive its right to enforce any aspect of this Agreement at any time. Additionally, EVERYDOG DIGITAL knowledge of Customer’s use of the Software beyond the scope of the license shall not operate as a waiver of EVERYDOG DIGITAL rights to enforce the terms of this Agreement under any legal or equitable doctrine.
Survival
The license limitations and restrictions contained in the section entitled “Limitations and Restrictions” as well as the following provisions shall survive the termination or expiration of this Agreement: Reservation of Rights, Protection of Information, Term and Termination, Disclaimer of Liabilities, Indemnification and General Provisions.
General Provisions
EVERYDOG DIGITAL may assign this Agreement or delegate its responsibilities without restriction. Customer may not assign this Agreement, its rights or licenses, or delegate its duties, hereunder, nor may any successor entity of Customer assume such rights, licenses or duties, in whole or in part, directly or indirectly, whether by sale of stock or assets, merger, change of control, operation of law, or otherwise, without EVERYDOG DIGITAL prior written consent. Any assignment or assumption in violation of the foregoing shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and insure to the benefit of the parties and their respective permitted successors and assigns. This Agreement is the entire agreement between EVERYDOG DIGITAL and Customer with respect to the Software, and supersedes any and all prior agreements, negotiations, or other communications between EVERYDOG DIGITAL and Customer, whether oral or written, with respect to the subject matter hereof. In the event that any provision of this Agreement is held to be invalid or unenforceable, then: (a) such provision shall be deemed to be reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed to be severed from this Agreement; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby. EVERYDOG DIGITAL failure to exercise, or delay in exercising, a right, power or remedy provided in this Agreement or by law shall not constitute a waiver of that right, power or remedy. EVERYDOG DIGITAL waiver of any obligation or breach of this Agreement shall not operate as a waiver of any other obligation or subsequent breach of the Agreement. The English language version of this Agreement shall be the official and controlling version, and any translation provided is solely for convenience.
EVERYDOG DIGITAL Privacy Policy
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THE USE OF EVERYDOG DIGITAL GAME PRODUCTS, ACCESSIBLE FROM IOS AND ANDROID ONLINE APP STORES ARE SUBJECT TO THE EVERYDOG DIGITAL PRIVACY POLICY. THIS PRIVACY POLICY TEXT CONTAINS TYPES OF INFORMATION THAT IS COLLECTED AND RECORDED BY EVERYDOG DIGITAL AND HOW WE USE IT. THIS OCCURS WHEN A GAME PRODUCT IS STARTED AND USED ON A MOBILE DEVICE BY A PRIVATE USER OR CUSTOMER OF EVERYDOG DIGITAL.General Data Protection Regulation (GDPR)
EVERYDOG DIGITAL is a Data Controller of its customer’s information.
EVERYDOG DIGITAL legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect the information:
EVERYDOG DIGITAL will retain personal information of a customer only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use information of any customer to the extent necessary to comply with its legal obligations, resolve disputes, and enforce our policies.
If a customer is a resident of the European Economic Area (EEA), they have certain data protection rights. If it is the customer's wish to be informed what Personal Information EVERYDOG DIGITAL hold about the customer and if the customer wishes it to be removed from our systems they can contact us.
In certain circumstances, a customer has the following data protection rights:
Data collection through Google Analytics
EVERYDOG DIGITAL game products use player data acquisition through Google Analytics with help of Firebase data collection. Firebase collects certain information in its default implementation.The type of information collected through the Google Analytics for Firebase default implementation includes:
See a full list of the default events and user properties collected by Google Analytics for Firebase.
Log Files
EVERYDOG DIGITAL follows a standard procedure of using log files. These files log visitors when Customers use game products. All hosting companies do this as part of hosting services' analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information.
Third Party Privacy Policies
EVERYDOG DIGITAL 's Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options.
Third-party ad servers or ad networks use technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on EVERYDOG DIGITAL, which are sent directly to users' browsers. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.
Note that EVERYDOG DIGITAL has no access to or control over these cookies that are used by third-party advertisers.
Children's Information
Another part of our priority is adding protection for children while using any of our products. We encourage parents and guardians to observe, participate in, and/or monitor the general gaming activity of children in their care.
EVERYDOG DIGITAL does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information via usage of a EVERYDOG DIGITAL game product, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.
Online Privacy Policy Only
Our Privacy Policy applies to our online activities as well as during the use of our products by a customer and is valid for both visitors to our website and users of our game products with regards to the information that they shared and is collected by EVERYDOG DIGITAL.
EVERYDOG DIGITAL Unity Privacy Policy
The Unity Engine used to develop, does collect statistics on your device.
According to their own privacy policy Unity has collected some or all of the following information about your device: unique device identifiers (e.g., IDFV for iOS devices and Android ID for Android devices); IP address; country of install (mapped from IP address); device manufacturer and model platform type (iOS, Android, Mac, Windows, etc.) and the operating system and version running on your system or device; language; CPU information such as model, the number of CPUs present, frequency, and instruction set support flags; the graphics card type and vendor name; graphics card driver name and version (e.g., “nv4disp.dll 6.10.93.71”); which graphics API is in use (e.g., “OpenGL 2.1” or “Direct3D 9.0c”); amount of system and video RAM present; current screen resolution; version of the Unity Editor used to create the game; sensor flags (e.g., device support for gyroscope, touch pressure or accelerometer); application or bundle identification (“app ID”) of the game installed; unique advertising identifiers provided for iOS and Android devices (e.g.,IDFA or Android Ad ID); and a checksum of all the data that gets sent to verify that it is transmitted correctly.
Additional information
Customers may find underneath links useful resources, particularly if they are individuals affected by the European Economic Area’s General Data Protection Regulation (GDPR), or California's California Consumer Privacy Act (CCPA), or other similar regulations.
Consent
By starting and/or using our games, you hereby consent to our Privacy Policies and agree to its terms.
Contact Information
If you have any questions about this EULA or Privacy Policies, please contact us via email: creator@everydogenterprises.com
Everydog Enterprises, established in Sternmeerhof 4, 1135 ER EDAM, The Netherlands, Chamber of Commerce number: 81002270.
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