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APPLICATION END USER LICENSE AGREEMENT
This Application End User License Agreement ("License") is an agreement between you and Dave & Buster's, Inc., its subsidiaries or affiliates ("D&B"). This License governs your use of the application and any and all related documentation, and updates and upgrades that replace or supplement the application in any respect and which are not distributed with a separate license (collectively, the "Application"). This Application is licensed to you, not sold.
D&B reserves the right to modify this License at any time, so please review it frequently either via the About section in your Application or by visiting D&B MOBILE APP TERMS & CONDITIONS. Your continued use of our online and mobile products and services will signify your acceptance of the changes to this License.
IF YOU DO NOT AGREE TO THESE OR ANY OTHER SECTIONS OF THIS LICENSE, DO NOT INSTALL OR USE THE APPLICATION.
A. Grant. Through this purchase and/or download, you are acquiring and D&B grants you a personal, limited, non-exclusive license to install and use the Application for your non-commercial use on a single, authorized mobile device solely as set forth in this License. Your acquired rights are subject to your compliance with this License. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Application or rights to use the Application. The term of your License shall commence on the date that you install or otherwise use the Application, and shall end on the earlier of the date that you dispose of the Application or D&B's termination of this License.
B. Restrictions. Your right to use the Application is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Application or any component of it, except as expressly authorized by D&B. Unless expressly authorized by D&B, you are prohibited from making a copy of the Application available on a network where it could be used by multiple users. You are prohibited from making the Application available over a network where it could be downloaded by multiple users. You may not remove or alter D&B's trademarks or logos, or legal notices included in the Application or related assets. Your right to use the Application is also predicated on your compliance with any applicable terms of agreements you have with third parties when using the Application.
C. Reservation of Rights. You have obtained a license to the Application and your rights are subject to this License. Except as expressly licensed to you herein, D&B reserves all right, title and interest in the Application (including all characters, storyline, images, photographs, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of D&B and its licensors in the Application and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Application, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Application. You may not modify or alter the operation, function, or other aspects of the Application. All rights not expressly granted herein are reserved by D&B.
D. Access. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Application. D&B does not guarantee that this Application can be accessed on all devices or wireless service plans. D&B does not guarantee that this Application is available in all geographic locations. You acknowledge that when you use this Application, your wireless carrier may charge you fees for data, messaging and/or other wireless access. Check with your carrier to see if there are any such fees that apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THIS APPLICATION FROM YOUR DEVICE.
E. Application Updates. You agree that the Application may automatically download and install updates, upgrades and additional features that D&B deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation D&B may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features. This License shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.
F. Digital Services. D&B may offer, for purchase add-ons, enhancements etc. which shall modify the operation of the Application (each individually or collectively referred to in this License as "D&B Add-Ons"). The term of your D&B Add-On License starts when you acquire D&B Add-Ons, and subject to this License, ends the earlier of (1) the expiration thereof, as provided upon purchase, which expiration may be a designated date or perpetual; (2) the day that your access to this Application is cancelled, suspended or terminated as set forth in this License.
G. Conversation to D&B Tickets. Points ("D&B App Points") accumulated by playing the game in the Application may be redeemed for D&B Tickets redeemable in a Dave & Buster's location within the United States or Canada. In order to do so, you must obtain and register a Power Card with the Application. You may register any existing Power Card or obtain a new Power Card by sending a check, cashier's check or money order in the amount of $2.00 (Activation Fee) to Dave & Buster's, Inc., 2481 Manana Drive, Dallas, Texas 75220, Attn: Mobile Games; together with your return address. D&B App Points cannot be sold or transferred and cannot be exchanged for cash or for any other goods and services, except for the conversion to D&B Tickets as provided herein. D&B does not guarantee that any particular item offered will be available at all times or at any given time. D&B does not guarantee that it will continue to offer particular items for any particular length of time. D&B reserves the right to change and update our inventory of available items without notice to you. Once you have redeemed D&B App Points for Tickets, such Tickets are not returnable, exchangeable, or refundable for D&B App Points or for cash, or other goods or services.
If you participate in online services, such as online play or the downloading and uploading of content, D&B may also collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players.
D&B may make changes to the Application from time to time, and at any time, which shall include the difficulty thereof and the ratios of points available therefrom.
This License is effective until terminated. D&B may terminate this License upon sixty (60) days prior notice, at any time. Further, your rights under this License will terminate immediately and automatically without any notice from D&B if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Application and destroy all copies of the Application in your possession or control. Termination will not limit any of D&B's other rights or remedies at law or in equity. In the event this License is terminated, you shall be entitled to convert all D&B App Points to a Power Card, and D&B shall waive all minimum accumulations for such conversion. You must obtain and register a Power Card in the Application to make such conversion.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU "AS IS," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. D&B AND D&B'S LICENSORS (COLLECTIVELY "D&B" FOR PURPOSES OF THIS SECTION) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. D&B DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES. NO ORAL OR WRITTEN ADVICE PROVIDED BY D&B, APPLE OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL D&B BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT D&B HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall D&B's total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Application.
You agree that the provisions in this License that limit liability are essential terms of this License.
If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect.
You agree that a breach of this License will cause irreparable injury to D&B for which monetary damages would not be an adequate remedy and D&B shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
The laws of the State of California, excluding its conflicts-of-law rules, govern this License and/or your use of the Application. Please note that your conduct may also be subject to other local, state, national, and international laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this License or to any dispute or transaction arising out of this License.
You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Application to a foreign national or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom D&B is prohibited from transacting business under applicable law.
This License constitutes the entire agreement between you and D&B with respect to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by D&B. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.
These terms supplement and are in addition to the terms of the License for users who purchase and/or install the Application on Apple, Inc. ("Apple") iPhone, iPod touch and/or iPad products (collectively, "Apple Devices"):
A. Through your purchase, provided that you comply with the terms of this License, you are acquiring and D&B grants you a personal, limited, non-exclusive and non-transferable license to install and use the Application on authorized Apple Device(s) for personal, non-commercial use and subject to the Usage Rules set forth in Apple's App Store Terms and Conditions. This License does not entitle you to receive from D&B hard-copy documentation, support, telephone assistance or enhancements or updates to the Application.
B. You agree that Apple has no obligation whatsoever to furnish any maintenance and support services regarding the Application.
C. Apple shall not be responsible for any claims by you or any third party relating to your possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection laws or similar legislation; and (iv) claims by any third party that the Application or your possession and use of the Application infringes on the intellectual property rights of the third party.
D. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
E. You agree that Apple and Apple's subsidiaries are third party beneficiaries of this License and that upon your acceptance of the terms and conditions of this License, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.