This End User License Agreement (“License”) is an agreement between you and Miiny Holding Pte Ltd, its subsidiaries and affiliates (“Miiny”). This License governs your use of this software product and all related documentation, and updates and upgrades that replace or supplement the software in any respect and which are not distributed with a separate license (collectively, the "Software"). This Software is licensed to you, not sold.
By downloading, installing, copying, accessing or using the Software, you agree to the terms of this License and agree to be bound by it. If you do not agree to the terms of this License, then do not download, install, copy, access or use this Software and promptly return this Software and proof of entitlement to the party from whom you acquired them.
Through this purchase, you are acquiring and Miiny grants you a personal, limited, non-exclusive license to install and use the Software for your non-commercial use solely as set forth in this License and the accompanying documentation. Your acquired rights are subject to your compliance with this Agreement. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing or otherwise distributing the Software or rights to use the Software. The term of your License shall commence on the date that you download, install, copying, access or use the Software or otherwise, and shall end on the earlier of the date that: (i) you dispose of the Software, (ii) your subscription to the Software is terminated, cancelled, or expires, or (iii) Miiny terminates this License. Your license will terminate immediately if you attempt to circumvent the technical protection measures for the Software. A separate Terms of Service agreement governs your use of online services in connection with the Software.
B. Technical Protection Measures.
Your license will terminate immediately if you attempt to circumvent the technical protection measures for the Software.
C. Access to Online Features And/Or Services.
An Miiny Account may be required to access online services and/or features. Only licensed software can be used to access online services and/or features, including downloadable content and access to such features, is limited to you and your immediate family or members of your household.
D. Miiny Virtual Currency.
Miiny may make virtual points, coins, or currencies (“MIINY Virtual Currency”) available for use in the Software. By purchasing, earning, or otherwise receiving Miiny Virtual Currency from Miiny or Miiny’s approved partners or affiliates, you obtain a personal, limited, non-assignable, revocable license to access and select from the in-game content that Miiny expressly makes available within the Software. Miiny Virtual Currency has no monetary value and does not constitute currency or property of any type. Miiny Virtual Currency cannot be sold, traded, transferred, or exchanged for cash; it may only be redeemed for in-game content within the Software. Miiny Virtual Currency is non-refundable unless expressly authorized by Miiny in writing or otherwise required by law.
E. Further Restrictions.
Your right to use the Software is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, create works from, or use the Software or any component of it, except as expressly authorized by Miiny. Unless expressly authorized by Miiny, you are prohibited from making a copy of the Software available on a network where it could be used by multiple users. You are prohibited from making the Software available over a network where it could be downloaded by multiple users. You may not remove or alter Miiny’s trademarks or logos, or legal notices included in the Software or related assets.
F. Reservation of Rights.
You have obtained a license to the Software and your rights are subject to this License. Except as expressly licensed to you herein, Miiny reserves all right, title and interest in the Software (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 Miiny and its licensors in the Software 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 Software, 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 Software. All rights not expressly granted herein are reserved by Miiny.
G. Your Contributions.
In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright interest, you hereby grant Miiny 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 Software 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 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 property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Miiny’s and other players’ use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. The license grant to Miiny, and the above waiver of any applicable moral rights, survives any termination of this License.
Miiny knows that you care how information about you is collected, used and shared, and we appreciate your trust that we will do so carefully and sensibly. Information about our customers is an important part of our business, and Miiny would never sell your personally identifiable information to anyone. We and agents acting on our behalf do not share information that personally identifies you without your consent, except in rare instances where disclosure is required by law or to enforce MIINY’s legal rights.
When you play this game, Miiny and its affiliates may (1) install and/or run software on your computer; and (2) collect, use and store data from your computer or device. Information that Miiny and its affiliates collect includes technical and related information regarding your cellphone and operating system, as well as information about your Software usage (including but not limited to successful installation and/or removal), gameplay and usage statistics, system interactions and peripheral hardware.
Miiny and its affiliates may use this information to improve their products and services, provide services to and communicate with you (including for marketing purposes), facilitate the provision of software updates, provide dynamically served content, and software support, implement anti-cheat measures, enforce Miiny’s policies, and to trouble-shoot bugs or otherwise enhance your experience. Please note, if you play offline, the data described above will be stored on your device. If and when you connect to the Internet, this data will be transmitted to Miiny and its affiliates.
IF YOU DO NOT CONSENT TO THIS COLLECTION AND USE OF INFORMATION, DO NOT INSTALL OR USE THE SOFTWARE.
This and all other data provided to Miiny and/or collected by Miiny in connection with your installation and use of this Software is collected, used, stored and transmitted by Miiny.
If you participate in online services, such as online play or the downloading and uploading of content, Miiny and its affiliates 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 by Miiny.
This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from Miiny 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 Software and destroy all copies of the Software in your possession or control. Termination will not limit any of Miiny’s other rights or remedies at law or in equity. Sections 4 - 10 of this License shall survive termination or expiration of this License for any reason.
5.1. This Section sets out the entire financial liability of both you and Miiny to each other in respect of:
5.2. Nothing in this License shall limit or exclude the liability of either you or Miiny for:
5.3. Without prejudice to previous any part of this Section, neither you nor Miiny shall under any circumstances whatever be liable to the other, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
5.4. Subject to Section 5.2 and Section 5.3, Miiny's maximum aggregate liability under or in connection with this License, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount actually paid by you for the Software.
6.1 You hereby agree that all Confidential Information (herein defined as including but not limited to non-public and/or proprietary information in any form such as concerning Miiny’s business, technology and/or products e.t.c.) is and shall remain the property of Miiny and that any Confidential Information disclosed by Miiny is of substantial value to Miiny. Confidential Information disclosed by Miiny shall not be deemed as any express or implied representation or guarantee as to accuracy, adequacy or integrity of the said information
6.2 You shall:-
6.3 Should you be found to have breached this Agency Agreement, you shall stop its breach of the License and remedy the effects of the breach immediately and fully indemnify Miiny against all losses resulting from its default in accordance with Section 6.8 of this License.
6.4 Notwithstanding the fore-going, the following will not constitute Confidential Information for the purposes of this Agreement:-
6.5 You may disclose Confidential Information if compelled under the law or pursuant to the Order of Court of a Court of competent jurisdiction or order of a government department provided that you shall give Miiny reasonable notice prior to such disclosure to allow Miiny a reasonable opportunity to seek a protection order or its equivalent. You shall cooperate with and assist Miiny fully if steps are taken to challenge the Order of Court and prevent or limit disclosure. You will make all reasonable efforts to obtain written assurance from the applicable judicial or governmental entity that it will afford the Confidential Information the highest level of protection under the law.
6.6 Although certain Confidential Information has been disclosed in or constitutes publicly available information, as long as some of the characteristics of the Confidential Information remains unknown to the public, you shall still be bound by the terms of this License.
6.7 You shall return all Confidential Information which have been furnished by Miiny, accompanied by all copies, reproductions, related works and/or outcomes, within fourteen (14) days or destroy the same, at the election of Miiny, and confirm the destruction in writing to Miiny, upon the termination of this License.
6.8 You shall fully indemnify and keep Miiny and its employees, directors and officers fully indemnified against and in respect of every and all actions, proceedings, claims, deficiencies, liabilities, demands, fines, penalties, losses, damages, reasonable costs arising out of Miiny’s remedial actions, reasonable costs paid by Miiny to investigate the breach, costs and expenses (including legal fees and disbursements on a full indemnity basis), arbitration fees and disbursements, loss of business opportunity, loss of any right, and indirect, incidental, special and consequential losses of any nature whatsoever suffered by Miiny resulting from your breach of this clause.
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 or unauthorised use or disclosure or misuse or misappropriation of Confidential Information would not be a sufficient remedy for and agrees and acknowledges that such breach of this License or unauthorised use or disclosure or misuse or misappropriation of Confidential Information may cause irreparable injury to Miiny and Miiny shall be entitled, without waiving any other rights or remedies including the right to seek damages or any other form of relief, to such injunctive or equitable relief as may be deemed proper by a Court of competent jurisdiction to prohibit or restrain the party from any breach or threatened breach of this License or the continuation of any such breach without the necessity of proving actual damages without provision of bond or security.
This Agreement shall be governed by and construed in accordance with the laws of Singapore and the parties hereby submit to the exclusive jurisdiction of the Singapore courts.
This License constitutes the entire agreement between you and Miiny with respect to the Software 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 Miiny. 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.