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EULA

Introduction

IMPORTANT NOTE: In addition to this End User License Agreement, your use of products and services from VUXIA (e.g., applications, website) are also governed by our Privacy Policy and our Terms of Use.

THE VUXIA APPLICATION YOU ARE DOWNLOADING OR HAVE DOWNLOADED (AS FURTHER DEFINED BELOW) HAS BEEN PROVIDED BY VUXIA REFERRED TO HEREIN AS “vuxia” OR “WE” AS APPLICABLE TO THE SPECIFIC APPLICATION.BY INSTALLING OR USING ALL OR ANY PORTION OF THE APPLICATION, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“LICENSE AGREEMENT”), THE VUXIA PRIVACY POLICY (“PRIVACY POLICY”) AND THE HUUUUGE SERVICES TERMS OF USE (“TERMS OF USE”) (COLLECTIVELY THE “VUXIA COLLECTIVE TERMS”). IF YOU ARE DOWNLOADING OR ACCESSING THE APPLICATION FROM A THIRD PARTY DISTRIBUTION CHANNEL (FOR EXAMPLE, APPLE OR GOOGLE) THEN THE DISTRIBUTION CHANNEL MAY HAVE ITS OWN TERMS BETWEEN YOU AND THE DISTRIBUTION CHANNEL. THIS LICENSE AGREEMENT IS BETWEEN YOU AND VUXIA AND WE ARE RESPONSIBLE FOR THE APPLICATION AND THE CONTENT IN THE APPLICATION, NOT ANY THIRD PARTY DISTRIBUTION CHANNEL (E.G., APPLE). IF YOU HAVE DOWNLOADED THE APPLICATION FOR USE ON AN APPLE PRODUCT, YOU AND VUXIA ACKNOWLEDGE AND AGREE THAT APPLE AND ITS SUBSIDIARIES ARE THIRD PARTY BENEFICIARES TO THIS LICENSE AGREEMENT AND, UPON YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT, APPLE WILL HAVE THE RIGHT (AND WILL BE DEEMED TO HAVE ACCEPTED THE RIGHT) TO ENFORCE THIS LICENSE AGREEMENT AS A THIRD PARTY BENEFICIARY THEREOF.

ALTHOUGH VUXIA HAS LIMITED ITS LIABILITY IN THIS LICENSE AGREEMENT, YOUR LIABILITY IS NOT LIMITED BY THIS LICENSE AGREEMENT.

BY DOWNLOADING THE APPLICATION YOU ARE ACCEPTING THIS LICENSE AGREEMENT, THE PRIVACY POLICY, AND THE TERMS OF USE.BY DOWNLOADING THE APPLICATION, THIS LICENSE AGREEMENT BECOMES ENFORCEABLE AGAINST YOU AND ANY LEGAL OR NATURAL PERSON FOR WHOM IT IS BEING USED.DO NOT DOWNLOAD THE APPLICATION IF YOU DO NOT AGREE TO THE VUXIA COLLECTIVE TERMS. IF YOU HAVE ALREADY DOWNLOADED THE APPPLICATION AND YOU DO NOT AGREE TO THE VUXIA COLLECTIVE TERMS, THEN DELETE THE APPLICATION IMMEDIATELY.

THIS LICENSE AGREEMENT, WHICH INCORPORATES THE PRIVACY POLICY AND THE TERMS OF USE, GOVERNS YOUR USE OF THE APPLICATION AS DEFINED FURTHER BELOW. YOUR ACCESS AND USE OF vuxia’S WEBSITE (WWW.VUXIA.COM) OR ANY OFFICIAL VUXIA PAGE ON SOCIAL MEDIA IS GOVERNED BY THE GENERAL TERMS OF USE AND THE PRIVACY POLICY.

The VUXIA “Application” is defined as follows: any VUXIA APPLICATION that is provided in connection with this License Agreement (including but not limited to software, code, text, images, designs, and interfaces)and any patch, updates, upgrades, replacements or similar to the VUXIA APPLICATION, whether distributed by VUXIA directly or via third party distribution channel. VUXIA may also offer “Services” (as defined in the Terms of Use) in connection with or separate from the Application.

Changes to the VUXIA Collective Terms.

VUXIA may make changes to or revoke this License Agreement at any time and for any reason. By continuing to use the Application on or after the effective date of the new agreement or new terms, you are consenting to the new terms or new agreement governing the relationship between you and VUXIA. If you no longer consent to use our Application, the License Agreement or to any new agreement or new terms between you and VUXIA, then delete the Application immediately and discontinue your use of any Services provided by VUXIA. If you revoke consent to the License Agreement or any other terms or agreement with VUXIA, then your sole remedy for revoking consent is to no longer access the Application or the Services.

Changes to the Application and/or the Services.

VUXIA is not obligated to provide any maintenance of support for the Application. You understand and agree that VUXIA, in its sole discretion, may make any changes (temporary and/or permanent) to the Application that it wants, including but not limited to discontinuing and/or modifying any services, features or similar, discontinuing the Application entirely, limiting the usage and/or changing the pricing or availability of the Application or Services, all even without notice.Changes to the Application may also include changing how the Application is accessed (for example, charging a fee to access or download the Application or to access content within the Application that was available without a charge previously, changing the platforms for which the Application is available, not offering older versions of the Application for further download, changing the third party distributions channels for the Application) and/or placing limitations or other restrictions on any content within the Application. Some changes that we make to the Application may make the Application unusable on a particular device, including your own, even if you still have it downloaded on your device. Many of our Applications require access to the internet in order to function, and if you do not have access to the internet, your ability to use the Application may be severely limited.

VUXIA has no liability to you or to any third parties as a result of any changes, discontinuation or removal of the Application. You will have no remedy or damages against VUXIA for any changes that are made to the Application, including but not limited to removing the Application entirely.

Access to and Use of the Application and/or Services.

VUXIA also reserves the right to revoke access to and/or any license to the Application at any time and for any reason. If a player violates the VUXIA Collective Terms in any way, the player’s account and access to the Application may be deleted immediately and irretrievably, with or without notice to the player. Notice will be provided at vuxia’s sole discretion.

Your use of the Application depends on you, at your cost, having all the requisite hardware, software and internet connection that is required to access and use the Application. These external requirements to access and use the Application may change at any time, for any reason, without notice, and VUXIA does not guarantee access to anyone. You may also be restricted geographically at any time from accessing or using the Application, and VUXIA does not guarantee that the Application will be available for download in all locations. If you access or use the Application on a wireless device, note that your wireless or cellular provider may charge fees or data usage for the Application, all of which are to your cost.

When you download, install, access and/or use the Application, VUXIA is using and collecting your data according to the Privacy Policy (available here: http://www.VUXIA.COM/privacy-policy). By consenting to this License Agreement, as already noted above, you are also consenting to the Privacy Policy.

You may receive push notifications, SMS or text messages, and/or email alerts (“Messages”) from the Application, both inside and outside of the Application. You can control these Messages with your device settings or by deleting the Application. VUXIA may send you Messages based on, for example, the data that are provided pursuant to the Privacy Policy, including but not limited to your geographic location or your use of the Application. If you receive the Messages via SMS, text or email, your wireless provider may charge you to receive these Messages. If you are not seeing Messages that you have signed up for, then this may be a limitation of your device. Please contact your wireless or cellular provider or your device manufacturer with these issues.

Your VUXIA Profile.

You may be able to access and use the Application without setting up an account with VUXIA. When you install the Application, you will be assigned a unique identifier automatically. Please note that some of the features of the Application may only be available to players who further develop their player profile, whether directly or in connection with an existing account you have with another company (e.g., Facebook). If you connect the Application with an existing account you have with another company,youmay be asked to provide certain information (e.g., name, email address, country of residence, photograph).This information is requested and maintained by VUXIA pursuant to the Privacy Policy. You agree to provide VUXIA with information that is accurate and that belongs to you. You also agree to update VUXIA promptly if and when any of the account information changes. You understand that some information that you provide for your account is also used in your public player profile (including your username and photograph), and that player profiles may be publicly available and/or viewable.

You may be asked to create login credentials when setting up your account, or you may be able to use your existing login credentials from a third party company (e.g., Facebook). Keep your login credentials secure and private and do not share your information with anyone. You are responsible for ensuring that this information remains confidential, and any purchases made in your account or by you or your device in the Application are your responsibility, whether authorized or unauthorized. If someone other than you violates the VUXIA Collective Terms using your account or device, then your license to the Application may be terminated even if the use is unauthorized.VUXIA reserves the right to refuse use of a username or player ID or to reclaim use of any username and/or player ID for any reason at any time and without notice.

Ownership of the Application and Restriction on Use.

The Application is entirely owned by VUXIA (which, for this Section 5, may also include other companies within vuxia’s corporate group), and VUXIA has protection of its intellectual property both in the United States and abroad. You acknowledge that you have no claim to ownership of any kind to the Application or anything contained within or forming a part of the Application (including but not limited to artwork and avatars or other images or text created to depict your persona within the Application). The license you are granted under this License Agreement, which is described below in Section 6, does not grant you ownership over any aspect of the Application or other property of VUXIA. Except as provided for in Section 6 of this License Agreement, you are not granted any intellectual property rights to the Application (including but not limited to the use of any logos, trademarks, service marks, trade dress or other brand features of VUXIA).

You will not: (a) in part or as a whole, copy, adapt, modify, reproduce, create derivative works based on, or reverse engineer, derive source code from, disassemble, decompile, or otherwise attempt to discover the source code of, the Application, except to the extent required by applicable law; (b) remove, blur or otherwise obscure, or alter any copyright, trademark, logo, or other notices (including legal notices) in or on the Application; (c) use or authorize any unauthorized third-party software that intercepts or otherwise collects information from or through the Application; (d) intercept, emulate, or redirect the communication protocols used by the Application in any way, for any purpose; (e) facilitate, create, or maintain any unauthorized connection to the Application; (f) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by VUXIA; (g) use the Application to send automated queries to any website or to send any unsolicited commercial email; or (h) use any proprietary information or interfaces of VUXIA or other intellectual property of VUXIA in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.

In order to conform with this License Agreement, you must also conform with all application laws (including copyright and trademark laws) as well as any legal notices. You must also comply with applicable third party terms of agreement when using the Application.

The Limited Use License.

Subject to your compliance with the VUXIA Collective Terms, VUXIA grants to you, pursuant to this License Agreement, a limited, non-exclusive, non-transferrable, non-sublicensable, and fully-revocable license to: (a) download and install the Application on a device you own or otherwise have authorization and control over, (b) use the Application for non-commercial, entertainment only purposes (the “License”). If you do not comply with the VUXIA Collective Terms, then this License Agreement is immediately revoked and you forfeit all rights you have to the Application. You may not rent, lease, lend, sell, redistribute or sublicense the Application to anyone or anything. You agree to only install the Application on an Apple-branded product that you own or control and only as permitted by the Usage Rules set forth in the Apple App Store Terms of Service, except that an Application installed on an Apple-branded product may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

The License is effective when you download and install the Application and it is terminated automatically on the earlier of when you delete the Application or this License Agreement is terminated. The terms of this License Agreement will govern any upgrades provided by VUXIA that replace or supplement our Application or Services unless provided under a separate license agreement (or expressly stated otherwise).

LIMITATION OF LIABILITY FOR VUXIA AND RELEASE OF CLAIMS.

VUXIA (INCLUDING ALL COMPANIES WITHIN THE VUXIA CORPORATE GROUP) WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTY SERVICE PROVIDERS, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.

VUXIA (INCLUDING ALL COMPANIES WITHIN THE VUXIA CORPORATE GROUP) WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE APPLICATION (INCLUDING THE SERVICES AND CONTENT AVAILABLE THROUGH THE APPLICATION AND THE VUXIA SERVICES) OR THIS AGREEMENT, EVEN IF FORESEEABLE OR EVEN IF VUXIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT, UNLESS WHERE EXPRESSLY PROHIBITED BY LAW). IN NO EVENT WILL vuxia’S (INCLUDING ALL COMPANIES WITHIN THE VUXIA CORPORATE GROUP) LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT PAID BY YOU TO ACQUIRE THE APPLICATION AND/OR ANY PURCHASES MADE BY YOU WITH YOUR ACCOUNT WITHIN THE APPLICATION, EXCEPT WHERE EXPRESSLY PROHIBITED BY LAW. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF vuxia’S (INCLUDING ALL COMPANIES WITHIN THE VUXIA CORPORATE GROUP) ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF. HOWEVER, THIS DOES NOT EQUATE TO A WAIVER OF ANY STATUTORY RIGHT TO SEEK INJUNCTIVE RELIEF.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.IN JURISDICTIONS IN WHICH A LIMITATION OR EXCLUSION OF LIABILITY OR A LIMITATION ON IMPLIED WARRANTIES IS AVAILABLE BY LAW BUT WHICH IS MORE THAN THE LIMITATIONS OR EXCLUSIONS PROVIDED FOR IN THIS LICENSE AGREEMENT, VUXIA AND/OR ANY COMPANY WITHIN ITS CORPORATE GORUP MAY AVAIL ITSELF OF ALL LIMITATIONS OR EXCLUSIONS AVAILABLE UNDER THE LAWS OF SUCH JURISDICTION.

WARRANTY DISCLAIMER.

VUXIA DOES NOT WARRANT: (1) THAT THE APPLICATION’S FUNCTIONS, FEATURES, IMAGERY OR ANY CONTENT OR FUNCTIONALITY WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE APPLICATION OR THE SERVERS HOSTING CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE APPLICATION OR SERVICES OR CONTENT AVAILABLE THROUGH THE APPLICATION WILL CONTINUE TO BE AVAILABLE. VUXIA SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. VUXIA AND ANY DISTRIBUTION CHANNEL DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AVAILABILITY AND AS TO SUBJECT MATTER OF CONTENT. THE APPLICATION, SERVICES AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

YOUR ACCESS TO AND USE OF THE APPLICATION IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH THE APPLICATION, ANY OF THE SERVICES OR CONTENT AVAILABLE THROUGH THE APPLICATION, OR WITH vuxia’S SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPLICATION AND YOU SHOULD DELETE THE APPLICATION IMMEDIATELY.

INDEMNIFICATION.

You agree to indemnify, defend, and hold VUXIA and all of its officers, directors, owners, employees, agents, information providers, service providers, vendors, contractors, affiliates (including all companies within the VUXIA corporate group), partners, and licensors (collectively, the “VUXIA Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any of the VUXIA Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of: your use of the Application; any use or alleged use of your account or your passwords by any person, whether or not authorized by you; your connection to vuxia’s or its vendors’ servers; your violation of this License Agreement; or your violation of the rights of any other person or entity. VUXIA reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify VUXIA, and you will cooperate with VUXIA  for defense of these claims.

Termination, as well as Non-Refundability of In-App Purchases.

This License Agreement is effective until terminated, and you understand that VUXIA can terminate this License Agreement at any time effective immediately if you violate any of the provisions of the Collective Terms. You may terminate this Agreement at any time by: (i) deleting the Application in your possession or control and ceasing to use the Services or (ii) requesting that your VUXIA account and/or your personal data on file with VUXIA be deleted. VUXIA may terminate this License Agreement at any time for any reason or no reasonwith or without notice. If you are in violation of the terms of this License Agreement, this License Agreement terminates immediately without notice. However, if you paid VUXIA or its authorized distribution channel to acquire the Application, and we terminate this Agreement within one year after you made your payment for reasons other than your breach of this Agreement or the VUXIA Collective Terms, we will refund a prorated portion of the purchase price corresponding to the portion of such one year period for which our action caused you not to be able to use the Application. This applies only to money you spent purchasing the Application itself. This does not apply to any purchases made within or for use within the Application (“In-App Purchases”). In-App Purchase are not refundable under any circumstances.

Upon termination for any reason, the license granted in Section 6 will immediately terminate. The provisions in Sections 1, 2, 3, 5, 7, 8, 9, 11, 12, 13, 14 and 15 will survive any termination.

Export of the Application or Services.

You will not ship, transfer, or export the Application into any country or use the Application in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (collectively, “Export Laws”). You represent and warrant that you are not a citizen of, and are not located within, 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 otherwise prohibited under the Export Laws from receiving the Application.

Notice Regarding Applications installed on Apple-branded products.

If you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple (as well as other provisions of this LIcense Agreement that apply specifically to the Application installed on Apple-branded products (specifically, the introduction and Sections 6, 11 and 16).

We are solely responsible for providing any maintenance and support services with respect to the Application, as specified in this License Agreement, or as required under applicable law. You and VUXIA acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you (NOTE: this does not automatically apply to in-app purchases); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.

You and VUXIA acknowledge that VUXIA, not Apple, is responsible for addressing any of your claims or claims of any third party relating to the Application or 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; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application’s use of the HealthKit and HomeKit frameworks. You and vuxiaacknowledge that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Governing Law, Venue and Jurisdiction.

This License Agreement and all claims arising from or related to your use of the Application will be governed by and construed in accordance with the laws of the State of California, excepting California’s conflict of law rules. This License Agreement and the Application will not be governed by the United Nations Convention on Contracts for the International Sale of Goods (UNCISG), if applicable. With respect to any disputes or claims that are found to not be subject to arbitration, you agree to exclusive jurisdiction in the state and federal courts in San Francisco, California. All arbitration will take place in the County of San Francisco, California. Notwithstanding any other provision of this Agreement, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Application or this License Agreement within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

Disputes and Arbitration.

You agree to contact VUXIA with any dispute or claim against VUXIA arising out of or relating to the Application and/or the VUXIA Collective Terms (including this License Agreement) using the contact information below. If we cannot resolve the dispute or claim together, then you and VUXIA agree to resolve the dispute or claim through individual binding arbitration. Class arbitrations and class actions are not permitted, and your dispute or claim may not be consolidated with any other person’s dispute or claim. You and VUXIA agree that the U.S. Federal Arbitration Act, as amended, governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This Section 14 shall survive termination of the VUXIA Collective Terms.

Prior to initiating arbitration, you must first send a written notice by certified mail to VUXIA Games at: Storrady Świętosławy 1A/501, 71-602 Szczecin, Poland, ATTN: Legal Department or VUXIA Global Limited at Lordou Vyronos, 61, Lumiel Building, 4th floor, 6023 Larnaca, Cyprus, ATTN: Legal Department, depending on the distributor of your Application. The arbitration notice must include the following at a minimum: (a) personal and/or account information sufficient enough to identify your VUXIA account, (b) a detailed description of your claim or dispute with VUXIA, (c) the specific damages or other remedy or remedies that you are seeking. If your claim or dispute is not resolve with VUXIA within thirty days of vuxia’s receipt of your arbitration notice that conforms with these requirements, then you may commence arbitration according to the requirements in this License Agreement.

Any controversy or claim arising out of or relating to the Application or to this License Agreement or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The American Arbitration Association can be contacted at www.adr.org. The location of all arbitration will be the County of San Francisco, California.

Miscellaneous.

This License Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes any prior oral or written agreements, provided, however, that this Agreement will coexist with the Privacy Policy and the Terms of Use. If the parties agree on other terms (e.g., sweepstakes or promotional terms) then those terms also coexist with the VUXIA Collective Terms unless expressly stated otherwise in the other terms.

To the extent that the provisions of this Agreement conflict with the Terms of Use, this License Agreement will govern. We may be required by law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our website (www.VUXIA.COM) or delivering them to you via email, if you have provided us with your email address and consented to our use of it for such purpose. If you do not provide us with accurate information or we do not have access to your email address and your player ID and sufficient consent, if required, we will not be responsible for failure to notify you.

If any part of this License Agreement is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the License Agreement will continue to be valid and enforceable, except as expressly stated. Our failure to exercise or enforce any right or provision in this License Agreement will not constitute a waiver of such right or provision. Except as otherwise required by law, the controlling language of this License Agreement is English. This License Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and we acknowledge and agree that any distribution channel and its subsidiaries are intended third party beneficiaries of this License Agreement and will have the right (and will be deemed to have accepted the right) to enforce this License Agreement against you.

Contacting VUXIA.

terms@vuxia.com

Acknowledgement.

You hereby acknowledge that you have read and understood this License Agreement and agree that by clicking “I Accept” on screen, by clicking “Get” or any other button as part of a distribution channel in order to download the Application, or by installing, copying, or using the Application you are acknowledging your agreement to be bound by this License Agreement.

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