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The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and LAUGHINGBIRD SOFTWARE LLC and its affiliates (“LAUGHINGBIRD SOFTWARE LLC”).
Software and Services are collectively referred to as “LAUGHINGBIRD SOFTWARE LLC Services”.
If you do not accept the terms of this EULA, do not install, use or access the LAUGHINGBIRD SOFTWARE LLC Services. However, with regards to installable Software that was delivered on a physical storage medium, you may transfer the entire Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software accompanying documentation, and the recipient agrees to the terms of this EULA The Software is intended for private use only. The LAUGHINGBIRD SOFTWARE LLC Services may include measures to control access to the LAUGHINGBIRD SOFTWARE LLC Service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. The LAUGHINGBIRD SOFTWARE LLC Services may allow you to create content, including but not limited to gameplay maps, screenshots or a video of your game play. The LAUGHINGBIRD SOFTWARE LLC Services may require an internet connection to access the LAUGHINGBIRD SOFTWARE LLC Services or its internet-based features, authenticate the Software, or perform other functions. LAUGHINGBIRD SOFTWARE LLC respects your privacy rights and recognizes the importance of protecting any information collected about you. LAUGHINGBIRD SOFTWARE LLC may license to you certain virtual goods to be used within LAUGHINGBIRD SOFTWARE LLC Services. Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use. Please note that any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE. LAUGHINGBIRD SOFTWARE LLC may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT LAUGHINGBIRD SOFTWARE LLC IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY. LAUGHINGBIRD SOFTWARE LLC warrants to you (if you are the initial and original purchaser of the Software) that, to the extent the Software is made available to you on a physical storage medium, the original storage medium holding the Software is free from defects in material and workmanship under normal use and service for 90 days from the date of purchase. NOTWITHSTANDING THE ABOVEMENTIONED WARRANTY FOR PHYSICAL STORAGE MEDIUM SPECIFIED IN SECTION 6.1 ABOVE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE LAUGHINGBIRD SOFTWARE LLC SERVICES ARE 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. TERMINATION: This EULA will terminate automatically if you fail to comply with its terms and conditions. EQUITABLE REMEDIES: You hereby agree that if the terms of this EULA are not specifically observed, LAUGHINGBIRD SOFTWARE LLC will be irreparably damaged, and therefore you agree that LAUGHINGBIRD SOFTWARE LLC shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this EULA, in addition to any other available remedies. AFFILIATE: For purposes of this EULA, an “affiliate” or LAUGHINGBIRD SOFTWARE LLC means any legal entity that is directly or indirectly controlled by LAUGHINGBIRD SOFTWARE LLC for so long as such control lasts.
MISCELLANEOUS: This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof shall be finally settled at LAUGHINGBIRD SOFTWARE LLC's discretion (i) at your domicile's competent courts; or (ii) by arbitration in accordance with the Rules for Expedited Arbitration of the Arbitration Institute of the American Chamber of Commerce. Should The Logo Creator has been damaged or corrupted and thereby difficult to remove we can recommend you finding help to uninstall it here.
Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA.


Subject to this EULA and its terms and conditions, LAUGHINGBIRD SOFTWARE LLC hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use on a single computer or gaming unit, unless otherwise specified in the Software documentation. Subject to this EULA and its terms and conditions, LAUGHINGBIRD SOFTWARE LLC hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by LAUGHINGBIRD SOFTWARE LLC, for your personal non-commercial use, in the manner permitted by this EULA.
LAUGHINGBIRD SOFTWARE LLC retains all right, title and interest in and to the LAUGHINGBIRD SOFTWARE LLC Services, including, but not limited to, 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 and all applications thereof. These services may include, but are not limited to gameplay recording and sharing, social medial connectivity and the like.
Only LAUGHINGBIRD SOFTWARE LLC Services subject to a valid license can be used to access online services, and download updates and patches. In exchange for use of the LAUGHINGBIRD SOFTWARE LLC Services, and to the extent that your contributions through use of the LAUGHINGBIRD SOFTWARE LLC Services give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant LAUGHINGBIRD SOFTWARE LLC an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to 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 unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions.
Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. Also please note that if you purchase Facebook Credits from Facebook, such transaction is governed by the agreement between you and Facebook and LAUGHINGBIRD SOFTWARE LLC is not a party to the transaction. LAUGHINGBIRD SOFTWARE LLC shall have no liability to you or any third party in the event that LAUGHINGBIRD SOFTWARE LLC exercises any such rights. If mandatory legislation in your jurisdiction requires longer in excess to the aforementioned 90 days, the length of the warranty is amended accordingly. FOR PURPOSES OF THIS SECTION 7, LAUGHINGBIRD SOFTWARE LLC’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED.
In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any LAUGHINGBIRD SOFTWARE LLC Services.
LAUGHINGBIRD SOFTWARE LLC reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on LAUGHINGBIRD SOFTWARE LLC’s website. This EULA will be governed by the laws of United States of America without reference to its choice of law rules.
BY INSTALLING, USING OR ACCESSING THE LAUGHINGBIRD SOFTWARE LLC SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE LAUGHINGBIRD SOFTWARE LLC SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS EULA. The LAUGHINGBIRD SOFTWARE LLC Services are protected by applicable laws and treaties throughout the world. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to LAUGHINGBIRD SOFTWARE LLC's and other players' use and enjoyment of such assets in connection with the LAUGHINGBIRD SOFTWARE LLC Services and related goods and services under applicable law. By using the LAUGHINGBIRD SOFTWARE LLC Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan.
LAUGHINGBIRD SOFTWARE LLC’s Privacy Policy defines how, why and to which extent LAUGHINGBIRD SOFTWARE LLC collects and uses personal and non-personal information in relation to LAUGHINGBIRD SOFTWARE LLC's products and services. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. If for any reason you find a defect in the physical storage medium during the warranty period, LAUGHINGBIRD SOFTWARE LLC agrees to replace, free of charge, any physical storage medium and related Software discovered to be defective within the warranty period as long as the Software is currently commercially distributed by LAUGHINGBIRD SOFTWARE LLC.


LAUGHINGBIRD SOFTWARE LLC, LAUGHINGBIRD SOFTWARE LLC’S LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), 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. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. With regards to Software delivered on a physical storage medium you can end this EULA by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.
You will be deemed to have accepted such changes by continuing to use the LAUGHINGBIRD SOFTWARE LLC Services.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST LAUGHINGBIRD SOFTWARE LLC ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software. Unless expressly authorized by mandatory legislation, the LAUGHINGBIRD SOFTWARE LLC Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from LAUGHINGBIRD SOFTWARE LLC.
Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider. If you disable or otherwise tamper with the technical protection measures, the LAUGHINGBIRD SOFTWARE LLC Services will not function properly. This license grant to LAUGHINGBIRD SOFTWARE LLC, and the above waiver of any applicable moral rights, survives any termination of this EULA. By installing, accessing or using the LAUGHINGBIRD SOFTWARE LLC Services you explicitly agree with the terms and conditions of LAUGHINGBIRD SOFTWARE LLC’s Privacy Policy and to any terms and conditions included therein by reference. These virtual goods may also be licensed by using third party virtual currency, such as Facebook Credits or by using separate activation codes. If the Software is no longer available, LAUGHINGBIRD SOFTWARE LLC retains the right to substitute a similar piece of Software of equal or greater value.
If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected. If you do not maintain such accounts, then the LAUGHINGBIRD SOFTWARE LLC Services or certain features of the LAUGHINGBIRD SOFTWARE LLC Services may not operate or may cease to function properly, either in whole or in part.
This warranty is limited to the physical storage medium and the Software as originally provided by LAUGHINGBIRD SOFTWARE LLC and is not applicable to normal wear and tear.
NO ORAL OR WRITTEN ADVICE PROVIDED BY LAUGHINGBIRD SOFTWARE LLC, LAUGHINGBIRD SOFTWARE LLC’S LICENSORS AND CHANNEL PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect.
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 APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Any implied warranties prescribed by statute are expressly limited to the warranty period described above.



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