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|1.1||The ShiVa Store (“ShiVa Store”) is owned and operated by ShiVa Technologies SAS ("ShiVaTech" from here on). Your use of the ShiVa Store is governed by a legal agreement between you and ShiVaTech consisting of these Terms of Service ("Terms") which you must accept by way of a clicking at the time when you are registered as a user of the ShiVa Store.|
|1.2||In addition any Asset that you acquire from the ShiVa Store that has been developed by ShiVaTech or that has been made available by third-parties ("Providers") that are not affiliated with ShiVaTech, will be subject to ShiVaTech's standard End User License Agreement ("ShiVa Technologies SAS EULA"), which is Appendix 1 to these Terms and which you have accepted as an integrated part of these Terms by way of a clicking when you are registered as a user of the ShiVa Store.|
|1.3||Further, any free Asset that you acquire from the ShiVa Store that has been made available by Providers may also be governed by such Provider's End User License Agreement ("Provider-EULA"), which you must also accept by way of a clicking at the time when you acquire a third party free Asset.|
|1.4||In the event that the Provider does not furnish a Provider-EULA for any free Asset to ShiVaTech, then such Assets will also (mutatis mutandis) be subject to the ShiVa Technologies SAS EULA, which you accept as an integrated part of these Terms by way of a clicking when you are registered as a user of the ShiVa Store.|
|1.5||You may use ShiVa Store to browse, locate, and download Assets (defined as (i) software designed in order to facilitate the development of electronic games and interactive media (ii) content (for example – without limitation – computer graphics, including 3D computer graphics, sounds and music), tutorials and other digital materials created in order to become integrated parts of electronic games). Some of these Assets may be offered by ShiVaTech while others may be made available by Providers. You agree that ShiVaTech is not responsible for any Asset on the ShiVa Store that originates from a source other than ShiVaTech. Additionally, some Assets may be made available to you at no charge while other Assets may be purchased for a fee. You agree that you are solely responsible for all fees associated with purchases you make on the ShiVa Store.|
|1.6||In order to use ShiVa Store you must be 18 years of age or older. On using the service you warrant that you have legal capacity to enter into the agreement.
|2.||ShiVaTech's provision of the ShiVa Store
|2.1||You agree that ShiVaTech may stop (permanently or temporarily) providing the ShiVa Store (or any features within the ShiVa Store) to you or to users generally at ShiVaTech’s sole discretion, without prior notice to you.|
|2.2||ShiVaTech may make available to you various payment processing methods to facilitate the purchase of Assets from the ShiVa Store. You agree to abide by any relevant terms of service or other legal agreement, whether with ShiVaTech or a third party, that governs your use of a given payment processing method. You agree that ShiVaTech reserves the right to add or remove payment processing methods at its sole discretion and without notice to you.|
|2.3||From time to time, ShiVaTech may discover an Asset on the ShiVa Store that violates the Asset Store Provider Agreement between a Provider and ShiVaTech or other legal agreements, laws, regulations or policies. You agree that in such an instance ShiVaTech retains the right at its sole discretion to demand that such Asset is removed from any computer or other equipment under your control.
|3.||Your Use of the ShiVa Store
|3.1||In order to access certain services in the ShiVa Store, you may be required to provide information about yourself such as your name, address, and billing details. You agree that any such information you provide to ShiVaTech will always be accurate, correct and up to date. We reserve the right to remove accounts with faulty or incomplete profile data that have no paid transactions associated with them.|
|3.2||You agree to use the ShiVa Store only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Assets.|
|3.3||You agree not to access (or attempt to access) the ShiVa Store by any means other than through the interface that is provided by ShiVaTech, unless you have been specifically allowed to do so in a separate agreement with ShiVaTech. You specifically agree not to access (or attempt to access) the ShiVa Store through any automated means (including use of scripts, crawlers or similar technologies from time to time).|
|3.4||You agree that you will not engage in any activity that interferes with or disrupts the ShiVa Store (or the servers and networks which are connected to the ShiVa Store). You agree that you will not use any of the Assets found on the ShiVa Store in a way that interferes or disrupts any servers, networks, or websites operated by ShiVaTech or any third party.|
|3.5||Unless you have been specifically permitted to do so in a separate agreement with ShiVaTech and except as permitted under the ShiVa Technologies SAS EULA or a Provider-EULA (for free Assets only), you agree that you will not reproduce, duplicate, copy, sell, trade or resell any Asset that you have acquired from the ShiVa Store for any purpose.|
|3.6||You agree that you are solely responsible for (and that ShiVaTech has no responsibility to you or to any third party for) your use of the ShiVa Store or any Assets, any breach of your obligations under the Terms, and for the consequences (including loss or damage of any kind which ShiVaTech may suffer) of any such breach.|
|3.7||You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of the ShiVa Store or the purchase of Assets through the ShiVa Store, and that the reporting and payment of any such applicable taxes are your responsibility.|
|3.8||You agree that ShiVaTech and/or third parties own all right, title and interest in and to the ShiVa Store and the Assets available through the ShiVa Store, including without limitation all applicable Intellectual Property Rights in the Assets. "Intellectual Property Rights" means any and all intellectual property rights wherever in the world and whenever arising (and including any application), including patent laws, copyright, trade secrets, know-how, confidential information, business names and domain names, computer programs, trademark laws, service marks, trade names, utility models, design rights, semi-conductor topography rights, database rights, goodwill or rights to sue for passing off, and any and all other proprietary rights worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Assets, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Assets, (iii) use the Assets to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter ShiVaTech's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Assets.|
|3.9||While ShiVaTech does not undertake any legal obligation to monitor, prescreen, review, flag, filter, modify, refuse or remove any or all Assets or their content from the ShiVa Store, ShiVaTech reserves the right to do so, and if ShiVaTech is notified by Provider or otherwise becomes aware and determines in its sole discretion that an Asset or any portion thereof; (a) violates the intellectual property rights or any other rights of any third party; (b) violates any applicable law or is subject to an injunction; (c) is pornographic, obscene or otherwise violates ShiVaTech's hosting policies or other terms of service as may be updated by ShiVaTech from time to time in its sole discretion; (d) is being distributed by Provider improperly; (e) may create liability for ShiVaTech; (f) is deemed by ShiVaTech to have a virus or is deemed to be malware, spyware or have an adverse impact on ShiVaTech; (g) violates the terms of this Agreement; or (h) the display of the Asset is impacting the integrity of ShiVaTech servers (i.e., Customers are unable to access such content or otherwise experience difficulty), ShiVaTech may demand that Provider fixes the Asset. In addition ShiVaTech shall itself be entitled to edit and make changes in the Asset. Finally ShiVaTech shall be entitled to remove the Asset from the ShiVa Store immediately, or reclassify the Asset at its sole discretion. ShiVaTech reserves the right to suspend and/or bar any Provider from the ShiVa Store at its sole discretion. Irrespective of the above, you agree that by using the ShiVa Store you may be exposed to Assets that you may find offensive, indecent or objectionable and that you use the ShiVa Store at your own risk.
|4.||ShiVaTech Services and Third Party Assets and Services
|4.1||Some components of Assets (whether developed by ShiVaTech or third parties) may also be governed by applicable open source software licenses. In the event of a conflict between the Terms and any such licenses, the open source software licenses shall prevail with respect to those components.
|5.1||Assets originating from ShiVaTech and Providers may communicate with ShiVaTech servers or Providers' servers as the case may be from time to time to check for available updates to the Assets, such as bug fixes, patches, enhancedfunctions, missing plug-ins and new versions (collectively, "Updates"). By installing these Assets, you agree to such automatically requested and received Updates.
|6.1||Assets available on the ShiVa Store may be subject to laws, administrative regulations and executive orders of those authorities responsible according to any applicable laws relating to the control of imports and exports of the Assets (“Export Laws”). You agree to comply with all applicable Export Laws and you shall not export or re-export directly or indirectly (including via remote access) any part of the Assets to any country to which a license is required under the Export Laws without first obtaining a license.
|7.1||To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless ShiVaTech, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the ShiVa Store, including your downloading, installation,
|8.1||These Terms will continue to apply until terminated by either you or ShiVaTech as set out below.|
|8.2||If you want to terminate these Terms, you may do so by ceasing your use of the ShiVa Store and any Assets downloaded from the ShiVa Store.|
|8.3||ShiVaTech may at any time, terminate these Terms with you if: (A) you have breached any provision of these Terms; or (B) ShiVaTech is required to do so by law; or (C) ShiVaTech decides to no longer provide the ShiVa Store.|
|8.4||When these Terms come to an end, all of the legal rights, obligations and liabilities that you and ShiVaTech have benefited from, been subject to (or which have accrued over time whilst these Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Section 12.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
|9.||Disclaimer of Warranties
|9.1||YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE ASSET STORE AND ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SHIVA STORE IS AT YOUR SOLE RISK AND THAT THE SHIVA STORE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR, ShiVaTech, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE ASSETS WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE ASSETS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE ASSETS WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE ASSETS WILL BE CORRECTED.|
|9.2||YOUR USE OF THE SHIVA STORE AND ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SHIVA STORE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.|
|9.3||TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ShiVaTech FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SHIVA STORE AS WELL AS THE SHIVA STORE ITSELF.|
|9.4||NONE OF THE ASSETS ARE INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE ASSETS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
|10.||Limitation of Liability
|10.1||SUBJECT ALWAYS TO CLAUSE 10.3, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ShiVaTech AND ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE SHIVA STORE OR ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED FROM THE SHIVA STORE, INCLUDING ANY LOSS OF DATA, GOODWILL, BUSINESS REPUTATION OR OTHER INTANGIBLE LOSS WHETHER OR NOT ShiVaTech OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.|
|10.2||YOU EXPRESSLY UNDERSTAND AND AGREE THAT ShiVaTech, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY, DEVELOPER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS IN THE ASSETS OR ON THE SHIVA STORE; (II) ANY CHANGES WHICH ShiVaTech MAY MAKE TO THE ASSETS OR ON THE SHIVA STORE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SHIVA STORE OR THE ASSETS (OR ANY FEATURES WITHIN THE ASSETS); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SHIVA STORE OR THE ASSETS; (III) YOUR FAILURE TO PROVIDE ShiVaTech WITH ACCURATE ACCOUNT INFORMATION;|
|10.3||NOTHING IN THE TERMS EXCLUDES THE LIABILITY FOR ShiVaTech, ITS SUBSIDIARIES OR AFFILIATES FOR: (I) DEATH AND PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED BY APPLICABLE LAW.
|11.||Change of Terms
|11.1||ShiVaTech may make changes to Terms from time to time. When these changes are made, ShiVaTech will make a new copy of the Terms available at the ShiVa Store and any new additional Terms will be made available to you at the ShiVa Store.|
|11.2||You understand and agree that if you use the ShiVa Store and the Assets after the date on which the Terms have changed ShiVaTech will treat your use as acceptance of the updated Terms or additional Terms.
|12.||General Legal Terms
|12.1||These Terms constitutes the whole legal agreement between you and ShiVaTech and govern your use of the ShiVa Store and the Assets, and completely replace any prior agreements between you and ShiVaTech in relation to the ShiVa Store and the Assets. Each party confirms that, in entering into the Terms it has not relied upon any representations or statements not expressly incorporated herein. Notwithstanding anything else in the Terms, neither party limits or excludes liability for fraudulent misrepresentation.|
|12.2||You agree that if ShiVaTech does not exercise or enforce any legal right or remedy which is contained in these Terms (or which ShiVaTech has the benefit of under any applicable law), this will not be taken to be a formal waiver of ShiVaTech’s rights and that those rights or remedies will still be available to ShiVaTech.|
|12.3||If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.|
|12.4||You acknowledge and agree that each member of the group of companies with which ShiVaTech is affiliated shall be third party beneficiaries to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms that confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to these Terms. (whether pursuant to the contract, law or otherwise).|
|12.5||The rights granted in the Terms may not be assigned or transferred by you without the prior written approval of ShiVaTech. Nor shall you be permitted to delegate your responsibilities or obligations under these Terms without the prior written approval of ShiVaTech.|
|12.6||The rights granted in the Terms may be assigned or transferred by ShiVaTech without your prior written approval. In addition ShiVaTech shall be permitted to delegate its responsibilities or obligations under these Terms without your written approval.|
|12.7||These Terms, and your relationship with ShiVaTech under these Terms, shall be governed by the laws of France without regard to its conflict of laws provisions. Any dispute arising out of or in connection with these Terms, including any disputes regarding the existence, validity or termination thereof, shall be settled by simplified arbitration arranged by The French Institute of Arbitration in accordance with the rules of simplified arbitration procedure adopted by The French Institute of Arbitration and in force at the time when such proceedings are commenced. Notwithstanding this, you agree that ShiVaTech shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.|