By installing, copying, or otherwise using the Application, you agree to be bound by the terms of this EULA. If you do not agree, do not install or use the Application.
1. License Grant
Subject to the terms of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Application on devices that you own or control, solely for your personal, non-commercial purposes (or internal business purposes if you hold a commercial license), in accordance with any documentation provided by the Company.
2. License Restrictions
You shall not: (a) copy, modify, or distribute the Application except as expressly permitted; (b) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Application, except to the extent expressly permitted by applicable law; (c) rent, lease, lend, sell, sublicense, or otherwise transfer the Application to any third party; (d) remove, alter, or obscure any proprietary notices, labels, or marks on the Application; (e) use the Application to develop a competing product; (f) use the Application in any manner that violates applicable law or regulation; or (g) use the Application to transmit malware, viruses, or other malicious code.
3. Intellectual Property
The Application, including all code, graphics, user interface designs, audio, video, documentation, and related materials, is the proprietary property of MiceBalls, LLC and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. This Agreement does not convey to you any ownership interest in the Application, but only a limited right of use as set forth herein.
4. Updates and Modifications
The Company may, from time to time, develop patches, bug fixes, updates, upgrades, or other modifications (“Updates”) to the Application. Updates may be installed automatically or may require your action. You agree that the Company has no obligation to provide Updates or to continue to support or maintain the Application. This EULA governs all Updates unless a separate agreement accompanies such Updates.
5. Data Collection and Privacy
The Application may collect certain data as described in the Company’s Privacy Policy, which is incorporated herein by reference. By using the Application, you consent to the data practices described in the Privacy Policy.
6. Disclaimer of Warranties
The Application is provided “as is” and “as available” without warranty of any kind. To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. The Company does not warrant that the Application will meet your requirements, operate without interruption, or be error-free.
7. Limitation of Liability
To the fullest extent permitted by law, in no event shall MiceBalls, LLC, its members, managers, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages of any kind, including damages for loss of profits, data, business opportunities, or goodwill, arising out of or in connection with this Agreement or the use or inability to use the Application, regardless of the theory of liability. The Company’s total cumulative liability shall not exceed the amount actually paid by you for the Application in the twelve (12) months preceding the event giving rise to the claim, or fifty U.S. dollars ($50.00), whichever is greater.
8. Indemnification
You agree to indemnify, defend, and hold harmless MiceBalls, LLC and its members, managers, officers, employees, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Application, your violation of this Agreement, or your violation of any rights of a third party.
9. Term and Termination
This Agreement is effective until terminated. The Company may terminate this Agreement at any time if you breach any term. Upon termination, you must cease all use of the Application and destroy all copies in your possession. Sections 3, 6, 7, 8, 10, and 11 shall survive termination.
10. Governing Law and Dispute Resolution
This Agreement shall be governed by the laws of the State of Illinois, without regard to its conflict of law provisions. Any dispute arising under this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association in St. Clair County, Illinois, in accordance with the arbitration and class action waiver provisions set forth in the Company’s Terms of Service, which are incorporated herein by reference.
11. Apple and Google Platform Terms
If the Application is obtained from the Apple App Store, you acknowledge and agree that: (a) this Agreement is between you and MiceBalls, LLC only, and not with Apple Inc. (“Apple”); (b) Apple has no obligation to furnish any maintenance and support services with respect to the Application; (c) Apple is not responsible for any product warranties or claims; (d) Apple is not responsible for addressing any claims relating to the Application or your use thereof; and (e) Apple is a third-party beneficiary of this Agreement with the right to enforce it. Similar principles apply if the Application is obtained from Google Play.
12. Severability and Entire Agreement
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. This Agreement, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between you and the Company regarding the Application and supersedes all prior agreements and understandings.