END-USER LICENSE AGREEMENT
This End User License Agreement ("License") is an agreement between you and Cubic Games. This License governs your use of the game “Pixel Gun 3D”, and updates and upgrades that replace or supplement the said game and are not distributed with a separate license (collectively, the "Game").
Accessing the Game. By installing on your mobile device or using the Game, you consent to be bound by the License. If you do not agree to the terms of this License, then do not use the Game and uninstall it form your mobile device. If you use the Game, the terms and conditions of this License are fully accepted by you.
You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Game.
Once you have installed the Game on your mobile device, before using it, you must be required to have an account with the applications provider for your mobile device.
Through the installation of the Game on your mobile device you are acquiring and Cubic Games grants you a personal, non-exclusive license to use the Game for your personal, non-commercial use solely as set forth in this License. Your rights are subject to your compliance with this License and may be revoked and terminated at any time if you breach the terms of this License. Any commercial use of the Game is prohibited. You are expressly prohibited from sub-licensing, renting, leasing or otherwise distributing the Game or rights to use the Game. The term of your License shall commence on the date that you first install the Game, and shall end on the earlier of the date that you uninstall the Game from your mobile device or Cubic Games's terminates this License.
Technical Protection Measures.
The Game uses access control and copy protection technology. Cubic Games reserves the right to validate your License through subsequent online authentication. If your License is not valid you may not be able to use the Game. If the Game permits access to online features, only one copy of the Game may access those features at one time. If you disable or otherwise tamper with the technical protection measures, the Game will not function properly.
Reservation of Rights.
Except as expressly licensed to you herein, Cubic Games reserves all right, title and interest in the Game (including all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not, as well as any extension, improvement or amendment of them), and all associated copyrights, trademarks, and other intellectual property rights therein for its own benefit or the benefit of its licensors. This License is limited to the intellectual property rights of Cubic Games and its licensors in the Game and does not include any rights to other patents or intellectual property. All rights not expressly granted herein are reserved by Cubic Games.
Derivative works or contributions.
To the extent that your use of the Game and/or your contributions through use of the Game give rise to any copyright interest, you hereby grant Cubic Games an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and License to use your contributions in any way and for any purpose in connection with the Game and related goods and services including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or hereinafter devised and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any rights or attribution with respect to Cubic Games’s and other players’ use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. The License grant to Cubic Games, and the above waiver of any applicable rights survives any termination of this License.
Restrictions of the Game.
The following restrictions apply to you in regard of the use of the Game:
Your right to use the Game is limited to the License, and you may not otherwise copy, display, distribute, perform, publish, modify, create works from, or use the Game or any component of it.
You are prohibited from making a copy of the Game available on a network where it could be used by multiple users.
You are prohibited from making the Game available over a network where it could be downloaded by multiple users.
You may not remove or alter Cubic Games’s or other third party trademarks or logos, or legal notices included in the Game or related assets and documentation.
You shall not use the Game if you are a convicted sex offender.
You shall not use the Game if you have previously been removed by Cubic Games, or previously been banned from playing any Cubic Games’s game.
You shall not use the Game to violate the law or to harm, defraud or mislead Cubic Games or third parties.
Any use of the Game in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your License, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE GAME INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY CUBIC GAMES GAME IS A VIOLATION OF CUBIC GAMES POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree that you will not, under any circumstances:
a. Engage in any act that Cubic Games deems to be in conflict with the spirit or intent of the Game, including but not limited to circumventing or manipulating these terms, the Game rules, Game mechanics or policies;
b. Make improper use of Cubic Games’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or
c. Use the Game, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation.
Cheating and hacking - You agree that you will not, under any circumstances:
d. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Game;
e. Use the Game in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Game;
f. Without Cubic Games’s express written consent, modify or cause to be modified any files that are a part of the Game;
g. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Game ("Server"); or (2) the enjoyment of the Game by any other person;
h. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or
i. Attempt to gain unauthorized access to the Game, Servers, or networks connected to the Game by any means other than the user interface provided by Cubic Games, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Game;
Offensive or infringing content - You agree that you will not, under any circumstances:
j. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
k. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
l. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Cubic Games employees, including Cubic Games’s customer service representatives; or
m. Make available through the Game any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Cubic Games employee;
Commercial activity - You agree that you will not, under any circumstances:
n. Without Cubic Games’s express written consent, use the Game or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Goods for sale;
o. Use the Game or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Game; or
p. Transmit unauthorized communications through the Game, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
Unauthorized use or connection to the service - You agree that you will not, under any circumstances:
q. Interfere or attempt to interfere with the proper functioning of the Game or connect to or use the Game in any way not expressly permitted by this License;
r. Use any unauthorized third party software that accesses, intercepts, "mines", or otherwise collects information from or through the Game or that is in transit from or to the Game, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Game to store information about Cubic Games Game characters, elements, or environment. Cubic Games may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
s. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Game, whether through the use of a network analyzer, packet sniffer or other device;
t. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
u. Bypass any robot exclusion headers or other measures Cubic Games employs to restrict access to the Game, to send content or messages, scrape, spider, or crawl the Game, or harvest or manipulate data;
v. Use, facilitate, create, or maintain any unauthorized connection to the Game, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Game; or (2) any connection using programs, tools, or software not expressly approved by Cubic Games;
w. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Game, or to obtain any information from the Game using any method not expressly permitted by Cubic Games; or
x. Copy, modify or distribute rights or content from the Game, or Cubic Games’s copyrights or trademarks or use any method to copy or distribute the content of the Game except as specifically allowed in this License;
Collection and publication of personal information - You agree that you will not, under any circumstances:
y. Solicit or attempt to solicit personal information from other users of the Game;
z. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Game; or
aa. upload or transmit or attempt to upload or transmit, without Cubic Games’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
Virtual Currencies and Virtual Goods.
You agree and understand that the Game may include Virtual Currency consisting of coins or gold and Virtual Goods consisting of digital items such as abilities, weapons or other kind of goods. The Virtual Currency and the Virtual Goods may be (i) earned by playing with the Game; (ii) by sending the feedback indicated in Section 9 or (ii) acquired by purchasing with real world money.
Cubic Games can manage, regulate, control, modify or eliminate Virtual Currency and Virtual Goods without having any liability to you or any other third person for any of such actions.
Whether you obtain the Virtual Currency or the Virtual Goods by earning or acquiring them with real world money, you have no right, title or interest in or to Virtual Currency or Virtual Goods, other than a limited, personal, revocable, non-transferrable license granted by Cubic Games, to use them solely within the Game.
For Virtual Currency and Virtual Goods, your order will represent an offer to Cubic Games to purchase a license which will be accepted by Cubic Games when Cubic Games makes the Virtual Currency or the Virtual Goods available in your account of the Game or debit your credit card, whichever comes first.
You agree to pay all fees and applicable taxes incurred by you or anyone using the Game. Cubic Games may revise the pricing for the items it licenses to you at any time. YOU ACKNOWLEDGE THAT CUBIC GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
This License is effective until terminated. WITHOUT LIMITING ANY OTHER REMEDIES, CUBIC GAMES MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCESS TO THE GAME OR PORTIONS THEREOF IF YOU ARE, OR CUBIC GAMES SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THE TERMS OF THE LICENSE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE GAME, WITH OR WITHOUT NOTICE TO YOU. IN THAT CASE, YOUR RIGHTS UNDER THIS LICENSE WILL TERMINATE IMMEDIATELY AND AUTOMATICALLY WITHOUT ANY NOTICE FROM CUBIC GAMES. YOU CAN LOSE ANY BENEFITS, PRIVILEGES, EARNED VIRTUAL CURRENCY OR ITEMS ASSOCIATED WITH YOUR USE OF THE GAME, AND CUBIC GAMES IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. Upon termination, given the case, you must cease all use of the Game and uninstall the Game from your mobile device. Termination will not limit any other rights or remedies at law or in equity.
You may terminate the License by uninstalling the Game from your mobile device.
No warranties are granted express or implied, other than as expressly required by the applicable law, given the case. Except for any LIMITED WARRANTY, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE GAME IS PROVIDED TO YOU "AS IS," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF QUALITY AND PERFORMANCE RESIDES WITH YOU. CUBIC GAMES DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CUBIC GAMES DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THE GAME; THAT OPERATION OF THE GAME WILL BE ERROR-FREE, OR THAT THE GAME WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY CUBIC GAMES 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.
Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE GAME UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT CUBIC GAMES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE GAME.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT CUBIC GAMES IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD CUBIC GAMES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF GAME AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE GAME AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL CUBIC GAMES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID CUBIC GAMES OR ITS LICENSORS, IN RELATION WITH THE GAME, IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID CUBIC GAMES OR ITS LICENSORS ANY AMOUNTS IN RELATION WITH THE GAME, IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CUBIC GAMES IS TO STOP USING THE GAME AND TO UNISTALL IT FORM YOUR MOBILE DEVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF CUBIC GAMES.
You agree to indemnify, save, and hold Cubic Games, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Game, any violation by you of this License, or any breach of the representations, warranties, and covenants made by you herein. Cubic Games reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Cubic Games, and you agree to cooperate with Cubic Games’s defense of these claims. Cubic Games will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this Section will survive any termination of the License.
Limitation of Liability and Disclaimer of Warranties are Material Terms of this License. You agree that the provisions in this License that limit liability are essential terms of this License.
User Content. "User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Game, or that other users upload or transmit, including without limitation any chat text.
By transmitting or submitting any User Content while using the Game, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Cubic Games in accordance with Section 10.
You own your User Content. You hereby grant Cubic Games a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with our provision of the Game, including marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any rights you may have in any User Content. The license you grant Cubic Games to use user posted content ends when you delete your User Content or you uninstall the Game from your mobile device unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.
Updates to the Game. You understand that the Game is an evolving one. Cubic Games may require that you accept updates to the Game you have installed on your mobile device. You acknowledge and agree that Cubic Games may update the Game with or without notifying you.
Every time that Cubic Games updates the Game, launching a new version of it, and you install such new version in your mobile device, Cubic Games may offer you the opportunity to send your feedback about the functioning of the Game.
Should you decide that you want to provide Cubic Games with your feedback about the Game, before sending your comments, you will be required to fill out an obligatory form that will appear on the screen of your mobile device (the “Form”) in which you must (i) provide your complete name; (ii) provide your e-mail address; and (iii) indicate the model of mobile device through which you are accessing the Game and that is suitable to connect with. By completing the Form, you authorize Cubic Games to disclose the personal data you have provided to Cubic Games to third parties which are responsible under an agreement with Cubic Games for the publication and/or commercialization and/or distribution of the Game.
All the information provided by you in the Form must be truthful and up to date. You agree that, if any information is untrue, inaccurate, incomplete or not current, Cubic Games has the right to refuse your future access and use of the Game.
For purposes of this Section, “non-personal data” means information that does not directly identify you. Additionally, non-personal data means “aggregate” and “de-personalized” information, which is data Cubic Games collects about the use of the Game, from which any personally identifiable data has been removed.
Cubic Games may use tools or third party analytical software to automatically collect and use certain non-personal data that does not directly enable Cubic Games to identify you. The types of non-personal data Cubic Games may collect and use include, but are not limited to: (i) device properties, including, but not limited to IP address, address and unique device identifier or other persistent or non-persistent device identifier ("Device ID"); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data such as zip code, area code and coarse location; (v) game progress, time used playing, score and achievements; (vi) other non-personal data as reasonably required by Cubic Games to enhance the Game.
Cubic Games may use and disclose to Cubic Games’s partners and contractors the collected non-personal data for purposes of analyzing usage of the Game, advertisement serving, managing and providing the Game and to further develop the Game and other Cubic Games services and products. Additionally, Cubic Games reserves the right to use and disclose the collected non-personal data for purposes of advertisement by Cubic Games or Cubic Games’s partners and contractors.
You recognize and agree that the analytics companies utilized by Cubic Games may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies collect and use information under their own privacy policies.
Cubic Games may use personal and non-personal data, both individually and combined together, for purposes of analyzing usage of the Game, providing customer and technical support, managing and providing services (including managing advertisement serving), customizing Cubic Games’s communications and to further develop the Games and other Cubic Games services and products. Cubic Games may combine non-personal data with personal data.
Cubic Games may disclose your personal data to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or Cubic Games to legal liability.
Cubic Games retains the data collected pursuant to this Section for the period necessary to fulfill the purposes outlined in this Section unless a longer retention period is required or permitted by law. Thereafter if the collected data is no longer needed for purposes specified in this Section, Cubic Games will delete all aforementioned data in its possession within a reasonable timeframe. Irrespective of the above, Cubic Games may still retain some of the data to the extent such retention is necessary to resolve disputes, and comply with technical and legal requirements and constraints related to the security, integrity and operation of Game.
Cookies, beacons and tracking.
The Game may use “cookies” and other technologies such as pixel tags, locally shared objects, clear GIFs and web beacons. Cubic Games treats information collected by cookies and similar technologies as non-personal data. 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 the Game.
Severability and Survival.
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 may cause irreparable injury to Cubic Games for which monetary damages would not be an adequate remedy and Cubic Games shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Game or any Cubic Games game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Game or any content or other material used or displayed through the Game and agree to limit your claims to claims for monetary damages, limited by Section 5 (if any).
This License contain the entire understanding of you and Cubic Games, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Cubic Games with respect to the Game.
Language of the License.
If Cubic Games provides you with a translation of the English language version of this License or any other policy (“Cubic Games Policies”), then you agree that the translation is provided for informational purposes only and does not modify the English language version of the Cubic Games Policies.
In the event of a conflict between a translation of the Cubic Games Policies and the English version, the English version of the Cubic Games Policies will prevail.
No Waiver. The failure of Cubic Games to require or enforce strict performance by you of any provision of this License or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Cubic Games’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Cubic Games of any provision, condition, or requirement of this License shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this this License, no representations, statements, consents, waivers, or other acts or omissions by Cubic Games shall be deemed a modification of this License nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Cubic Games.