End User Agreement
Last updated September 14, 2024
Simon the Seahorse the Animated Adventure Game and/or the Learn to Read with Simon! App is licensed to You (End-User) by Renewal Films LLC, located in Charlotte, North Carolina, United States ("Licensor"), for use only under the terms of this License Agreement.
By downloading the Licensed Application from Apple's software distribution platform ("App Store") STEAM, or Googleplay, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store is referred to in this License Agreement as "Services."
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Renewal Films LLC, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions ("Usage Rules"). Renewal Films LLC acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
Simon the Seahorse the Animated Adventure Game and/or the Learn to Read with Simon! App when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Simon the Seahorse the Animated Adventure Game is to be used on devices that operate with Apple's operating systems ("OS" and "Mac OS"). The Learn to Read with Simon! App is used to be on Google Play.
1. THE APPLICATION
Simon the Seahorse the Animated Adventure Game and/or the Learn to Read with Simon! App ("Licensed Application") are pieces of software are designed for entertainment purposes. - and customized for iOS mobile devices ("Devices"), PC, IPAD, or Android mobile devices. It is used to Entertainment purposes.
The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
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2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules.
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2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
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2.3 You may not share or make the Licensed Application available to third parties to sell, rent, lend, lease or otherwise redistribute the Licensed Application.
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2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Renewal Films LLC's prior written consent)
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2.5 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
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2.6 Licensor reserves the right to modify the terms and conditions of licensing
3. TECHNICAL REQUIREMENTS
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3.1 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
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3.2 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
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4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this Licensed Application.
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4.2 Renewal Films LLC and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
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The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
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You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
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You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of our Contributions in any manner contemplated by the Licensed Application and this License Agreement.
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Your Contributions are not false, inaccurate, or misleading.
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Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
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Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
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Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
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Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
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Your Contributions do not violate any applicable law, regulation, or rule.
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Your Contributions do not violate the privacy or publicity rights of any third party.
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Your Contributions do not violate an applicable law concerning child pornography or otherwise intended to
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protect the health or well-being of minors.
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Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
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Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
6. WARRANTY
6.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
6.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Renewal Films LLC's sphere of influence that affect the executability of the Licensed Application.
6.3 You are required to inspect the Licensed Application immediately after installing it and notify Renewal Films LLC about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of 30 days after discovery.
6.4 If we confirm that the Licensed Application is defective, Renewal Films LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
7. CONTACT INFORMATION
For general inquiries, complaints, or questions concerning the Licensed Application, please contact: simontheseahorse@yahoo.com
8. TERMINATION
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The license is valid until terminated by Renewal Films LLC. Your rights under this license will terminate automatically and without notice from Renewal Films LLC if You fail to adhere to any term(s) of this license. Upon License termination, you shall stop all use of the Licensed Application, and uninstall all copies of the Licensed Application.
9. APPLICABLE LAW
This License Agreement is governed by the laws of the State of North Carolina excluding its conflicts of law rules.