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Mobile License Agreement

Freeze Tag Mobile End User License Agreement (EULA)

Last Updated:  7 March 2014

THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THIS LIMITED WARRANTY AND LICENSE AGREEMENT FOR END USERS AND THE TERMS AND CONDITIONS SET FORTH BELOW (“AGREEMENT”).

For purposes of this Agreement “Software” means all software programs and services made available by Freeze Tag, Inc., its subsidiaries and affiliates (“Freeze Tag”) for mobile games and applications.  Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or online materials or documentation, and any and all copies of such software and its materials.

BY INSTALLING, USING OR ACCESSING THE SOFTWARE OR ANY MATERIALS INCLUDED WITH THE SOFTWARE, YOU HEREBY ACCEPT THE TERMS OF THIS AGREEMENT. If you do not agree to the terms of this Agreement, do not install, use or access the Software.

SECTIONS 2 AND 3, BELOW, DISCUSS THE INFORMATION AND DATA COLLECTED ABOUT YOU AND YOUR MOBILE ONLINE BEHAVIOR BY FREEZE TAG AND THIRD PARTIES.

IF YOU DO NOT AGREE  TO THESE OR ANY OTHER SECTIONS OF THIS LICENSE, DO NOT INSTALL OR USE THE APPLICATION.

1.  Limited License Grant and Terms of Use

A.  Grant. Through this purchase, you are acquiring and Freeze Tag 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 Freeze Tag’s termination of this License.

B.  Ownership.  Freeze Tag retains all right, title and interest to the Software, 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. The Software is protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Freeze Tag. All rights not expressly granted to you herein are reserved by Freeze Tag.

C.  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 Freeze Tag.  Unless expressly authorized by Freeze Tag, 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 Freeze Tag’s trademarks or logos, or legal notices included in the Application or related assets.

In addition, you may not:  (i) commercially exploit the Software; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Software, any passwords or usernames or any copies of the Software, without the express prior written consent of Freeze Tag or as set forth in this Agreement; (iii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Software, in whole or in part; (iv) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Software, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (v) misrepresent the source of ownership of the Software; (vi) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Software by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (vii) scrape, build databases or otherwise create permanent copies of content returned from the Software.

D.  Content Contributions.  The Software may allow you to create content, including but not limited to gameplay maps, screenshots or a video of your game play. In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant Freeze Tag 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. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Freeze Tag’s and other players’ use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. This license grant to Freeze Tag, and the above waiver of any applicable moral rights, survives any termination of this License.

E.  Internet Access.  The Software may require an internet connection to access the Software or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Software to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the Software documentation. If you do not maintain such accounts, then the Software or certain features of the Software may not operate or may cease to function properly, either in whole or in part.  You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Application.  Freeze Tag and its partners do not guarantee that this Application can be accessed on all devices or wireless service plans, or that is 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.

F.  Application Updates.  You agree that the Application may automatically download and install updates, upgrades and additional features that Freeze Tag deems reasonable, beneficial to you and/or reasonably necessary.  You acknowledge and agree that any obligation Freeze Tag 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.

2.  Consent to Use of Data

To facilitate product support, product development and improvement as well as other services to you, you agree that Freeze Tag or other third parties may use cookies, web beacons and other analytic technologies to collect, use, store and transmit technical and related information regarding your mobile device (including unique device id or UDID), Game Center ID, Game Center name, IP address, geo-location, device make and model, operating system, software and applications, including application usage data.  In addition, Freeze Tag and/or third parties may collect, store, use and transmit game play data, third party account authorization data, session data, browser identifiers, connection type, carrier information well as online and Application usage and other purchase metrics, statistics and/or analytics.  Data collected by third parties will be collected, used, stored, transferred and disclosed pursuant to the third party’s privacy policy.  See Table 1 below for a non-exclusive list of third parties that may collect data via this Application.  Table 1 includes both analytics companies and ad networks discussed in more detail in Section 3 below and includes URL’s for those third parties’ privacy policies and opt outs (if applicable). For data collected by or transferred to Freeze Tag or its partners, Freeze Tag may collect, use, store, share and transmit this information to third parties in a form that does not personally identify you in accordance with Freeze Tag’s Privacy Policy located at http://freezetag.com/privacy.

TABLE 1 – Non-Exclusive List of Third Parties That May Collect Data

Technology Provider

Privacy Policy Link

Opt Out (if applicable)

Flurry http://www.flurry.com/privacy-policy.html http://www.flurry.com/user-opt-out.html
Flurry AppCircle http://www.flurry.com/privacy-policy.html http://www.flurry.com/user-opt-out.html
Grow Mobile http://www.growmobile.com/privacy_policy/ Email: privacy@growmobile.com
Localytics http://www.localytics.com/privacy-policy/
Apsalar https://apsalar.com/privacy-policy/

3.  Third Party Ad-Serving Technology

This Application may include third party dynamic behavioral in-game advertising technology which enables tailored advertising to be temporarily uploaded into the Application on your mobile device and replaced while you are online.  When you use this Application, we or third parties operating the advertisement serving technology may use demographic or other information collected directly from you and/or from third parties such as age and gender as well as information logged and/or collected from your device using cookies, web beacons and other technologies to ensure that appropriate advertising is presented within the Application and to calculate the number of unique and repeat views of advertising. This technology also controls the number of times you see a given ad, delivers ads that relate to your interests and measures the effectiveness of ad campaigns.  Logged and/or collected data may include (but is not limited to) IP address, unique device I.D., browser identifiers, session information, browser cookies, device make and model, carrier provider, carrier user ID, geo-location information, sites visited, clicks on advertisements, advertisement(s) served, in game location, length of time an advertisement was visible, size of the advertisement, advertisement response (if any), game play information, general online and Application-specific usage data and metrics as well as angle of view. The foregoing data may be collected, used, stored, transmitted and disclosed pursuant to the Freeze Tag privacy policy at http://freezetag.com/privacy, the privacy policy of the company providing the ad serving technology and may be disclosed to other third parties in a form that does not personally identify you.

See Table 1 above for a non-exclusive list of third parties that may collect data about your online behavior via this Application.  Table 1 includes both analytics companies and ad networks (discussed above in Section 2) and includes URL’s for those third parties’ privacy policies and opt outs (if applicable).  You are responsible for reviewing the privacy policies of the third parties that may collect information via this Application.  If you do not wish to review those privacy policies or if you are concerned about the information they may collect, do not install or use this Application.  Freeze Tag does not guarantee that all third parties that may collect information about you via this Application have an opt out for behavioral tracking.  In addition, Freeze Tag does not guarantee or warrant that opting out of behavioral tracking from some or all of the entities listed in Table 1 will opt you out of advertising entirely.  Rather, if you opt out, you may continue to receive the same amount of mobile ads, but they may be less relevant because they will not be based on your interests.

This ad serving technology is integrated into the game; if you do not want to use this technology, do not install or use this Application

4.  Consent to Public Display of Data

If you participate in online services, such as online play or the downloading and uploading of content, Freeze Tag 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.  Data that personally identifies you is collected, used, stored and transmitted in accordance with Freeze Tag’s Privacy Policy located at http://freezetag.com/privacy

5.  Warranties

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.  FREEZE TAG AND FREEZE TAG’S PARTNERS (COLLECTIVELY “FREEZE TAG” FOR PURPOSES OF THIS SECTION AND SECTION 6) 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.  FREEZE TAG 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 FREEZE TAG, 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.

6.  Limitation of Liability

IN NO EVENT WILL FREEZE TAG OR FREEZE TAG’S PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER OR MOBILE DEVICE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT FREEZE TAG OR FREEZE TAG’S PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 6, FREEZE TAG’S PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS AGREEMENT AGAINST YOU.

BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 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. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

IN NO EVENT SHALL FREEZE TAG OR FREEZE TAG’S PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE.

7.  Other Terms and Conditions

A.  Termination.  This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from Freeze Tag 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 Freeze Tag’s other rights or remedies at law or in equity.   Sections 1(D), 2 through 8, and any Supplemental Terms of this License shall survive termination or expiration of this License for any reason.

B.  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.

C.  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.

D.  Equitable Remedies: You hereby agree that if the terms of this Agreement are not specifically enforced, Freeze Tag will be irreparably damaged, and therefore you agree that Freeze Tag 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 Agreement, in addition to any other available remedies.

E.  Indemnity.  You agree to indemnify, defend and hold Freeze Tag, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Software pursuant to the terms of the Agreement; or (ii) your breach of this Agreement.

F.  Entire Agreement.  This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. No amendment to or modification of this License will be binding unless made in writing and signed by Freeze Tag.  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.  If any provision of this Agreement 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 Agreement shall not be affected.

G.  Governing Law and Dispute Resolution.  The laws of the State of California, excluding its conflicts-of-law rules, govern this License and/or your use of the Application; and you expressly agree that jurisdiction for any dispute, controversy or claim or action arising out of or relating to this License and/or your use of the Application shall be the federal or state courts that cover Orange County, California, and you expressly consent to the exercise of personal jurisdiction of such courts.  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. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST FREEZE TAG AND ITS PARTNERS.

H.  Export. 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 Freeze Tag is prohibited from transacting business under applicable law.

8.  Supplemental terms for Apple iPhone, iPod Touch, iPad Users

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 Freeze Tag and its Partners grant 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 Freeze Tag 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.