Last updated April 12, 2021
Spirit Becoming is licensed to You (End-User) by 8ight5ive Games LLC, located in Redwood City, CA, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading any products (hereinafter: Products), from the Apple AppStore or Google Play Store, provided by the Licensor, and any update thereto (as permitted by this License Agreement), You indicated that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provision or obligations with regard to the Products, such as warranty, liability, maintenance, and support thereof. 8ight5ive Games LLC, not Apple or Google, is solely responsible for the licensed products and content thereof.
This License Agreement may not provide for usage rules for any products that are in conflict with the latest terms of service from Apple or Google.
All rights not expressly granted to You are reserved.
1. OUR PRODUCTS
All Products provided by 8ight5ive Games LLC are created for the purpose of entertainment and customized for their respective devices and platforms.
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use our Products on any products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the Apple/Google Terms of Service, with the exception that such licensed Products may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of our Products provided by Licensor that replace, repair, and/or supplement the first Product versions, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 You may not share or make our Products available to third parties (unless to the degree allowed by the Apple and Google Terms and Conditions, and with 8ight5ive Games LLC’s prior written consent), sell, rent, lend, lease, or otherwise redistribute our Products.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of our Products, or any part thereof (except with 8ight5ive Games LLC’s prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter our Products or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Apple and Google terms of service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license shall be interpreted to restrict third party terms. When using our Products, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep all Products updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted any rights to claim such an update.
3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use our Products satisfies the technical requirements and specifications mentioned above.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. NO MAINTENANCE OR SUPPORT
4.1 8ight5ive Games LLC is not obligated, expressed, or implied, to provide any maintenance, technical, or other support for any Products.
4.2 8ight5ive Games LLC and the End-User acknowledge and agree that Apple and Google have no obligation whatsoever to furnish any maintenance or support services which respect to the licensed Products.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Product content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy: http://8ight5ivegames.com/privacypolicy
6. USER GENERATED CONTRIBUTIONS
No Products will offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in our Products, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of our Products and through third party websites or applications. As such, Contributions you transmit may be treated in accordance with the Licensor Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Products in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use our Products.
7. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions of other feedback regarding our Products, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by You in any area of our Products. You are solely responsible for your Contributions to our Products and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
8. LIABILITY
8.1 Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of all Products to the extent allowed by applicable third party terms and conditions of use. You are aware that in case of alterations or manipulations of all Products, You will not have access to licensed Products.
9. WARRANTY
9.1 Licensor warrants that the Products are free of spyware, trojan horses, viruses, or any other malware at the time of Your download, provided you download our Products from the Apple App Store or Google Play Store. No other third party platform is recognized or recommended by Licensor at this time.
9.2 No warranty is provided for the Products that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of 8ight5ive Games LLC’s sphere of influence that affect the executability of the Products.
9.3 You are required to inspect the Products immediately after installing them and notify 8ight5ive Games LLC about issues discovered without delay by email or through our website provided in Contact Information, below. The defect report will be taken into consideration and further investigated if it has been mailed within a period of thirty (30) days after discovery.
9.4 If we confirm that the Products are defective, 8ight5ive Games LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Products to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Product purchase price may be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the Product, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Product was made available to the user. The statutory periods of limitation given by law apply to users who are consumers.
10. PRODUCT CLAIMS
8ight5ive Games LLC and the End-User acknowledge that 8ight5ive Games LLC, and not Apple or Google, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of the licensed Product, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Product 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 Your Licensed Product’s use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
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.
12. CONTACT INFORMATION
For general inquiries, complaints, questions, or claims concerning the licensed Products, please refer to our website at https://www.8ight5ivegames.com/
13. TERMINATION
The license is valid until terminated by 8ight5ive Games LLC or by You. Your rights under this license will terminate automatically and without notice from 8ight5ive Games LLC if You fail to adhere to any term(s) of this license. Upon termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Products.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
8ight5ive Games LLC represents and warrants that 8ight5ive Games LLC will comply with applicable third-party terms of agreement when using licensed Product.
In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement”, Apple and Apple’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
8ight5ive Games LLC and the End-User acknowledge that, in the event of any third-party claim that the licensed Product or the End-User’s possession and use of that licensed Product infringes on the third party’s intellectual property rights, 8ight5ive Games LLC, and not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.
16. APPLICABLE LAW
This license agreement is governed by the laws of the State of California, excluding its conflicts of law rules.
17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms shall be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
17.3 8ight5ive Games LLC reserves the right to modify, amend, or otherwise change any and all provisions of this license agreement.
17.4 All provisions of this license agreement shall be extended to Your licensed use of our Products, services, and website.
Spirit Becoming is licensed to You (End-User) by 8ight5ive Games LLC, located in Redwood City, CA, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading any products (hereinafter: Products), from the Apple AppStore or Google Play Store, provided by the Licensor, and any update thereto (as permitted by this License Agreement), You indicated that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provision or obligations with regard to the Products, such as warranty, liability, maintenance, and support thereof. 8ight5ive Games LLC, not Apple or Google, is solely responsible for the licensed products and content thereof.
This License Agreement may not provide for usage rules for any products that are in conflict with the latest terms of service from Apple or Google.
All rights not expressly granted to You are reserved.
1. OUR PRODUCTS
All Products provided by 8ight5ive Games LLC are created for the purpose of entertainment and customized for their respective devices and platforms.
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use our Products on any products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the Apple/Google Terms of Service, with the exception that such licensed Products may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of our Products provided by Licensor that replace, repair, and/or supplement the first Product versions, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 You may not share or make our Products available to third parties (unless to the degree allowed by the Apple and Google Terms and Conditions, and with 8ight5ive Games LLC’s prior written consent), sell, rent, lend, lease, or otherwise redistribute our Products.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of our Products, or any part thereof (except with 8ight5ive Games LLC’s prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter our Products or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Apple and Google terms of service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license shall be interpreted to restrict third party terms. When using our Products, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep all Products updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted any rights to claim such an update.
3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use our Products satisfies the technical requirements and specifications mentioned above.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. NO MAINTENANCE OR SUPPORT
4.1 8ight5ive Games LLC is not obligated, expressed, or implied, to provide any maintenance, technical, or other support for any Products.
4.2 8ight5ive Games LLC and the End-User acknowledge and agree that Apple and Google have no obligation whatsoever to furnish any maintenance or support services which respect to the licensed Products.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Product content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy: http://8ight5ivegames.com/privacypolicy
6. USER GENERATED CONTRIBUTIONS
No Products will offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in our Products, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of our Products and through third party websites or applications. As such, Contributions you transmit may be treated in accordance with the Licensor Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary rights, licenses, consents, releases, and permissions to use and to authorize us, our Products, and other users of our Products to use your Contributions in any manner contemplated by the Products and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Products and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are not connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Products in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use our Products.
7. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions of other feedback regarding our Products, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by You in any area of our Products. You are solely responsible for your Contributions to our Products and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
8. LIABILITY
8.1 Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of all Products to the extent allowed by applicable third party terms and conditions of use. You are aware that in case of alterations or manipulations of all Products, You will not have access to licensed Products.
9. WARRANTY
9.1 Licensor warrants that the Products are free of spyware, trojan horses, viruses, or any other malware at the time of Your download, provided you download our Products from the Apple App Store or Google Play Store. No other third party platform is recognized or recommended by Licensor at this time.
9.2 No warranty is provided for the Products that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of 8ight5ive Games LLC’s sphere of influence that affect the executability of the Products.
9.3 You are required to inspect the Products immediately after installing them and notify 8ight5ive Games LLC about issues discovered without delay by email or through our website provided in Contact Information, below. The defect report will be taken into consideration and further investigated if it has been mailed within a period of thirty (30) days after discovery.
9.4 If we confirm that the Products are defective, 8ight5ive Games LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Products to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Product purchase price may be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the Product, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Product was made available to the user. The statutory periods of limitation given by law apply to users who are consumers.
10. PRODUCT CLAIMS
8ight5ive Games LLC and the End-User acknowledge that 8ight5ive Games LLC, and not Apple or Google, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of the licensed Product, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Product 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 Your Licensed Product’s use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
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.
12. CONTACT INFORMATION
For general inquiries, complaints, questions, or claims concerning the licensed Products, please refer to our website at https://www.8ight5ivegames.com/
13. TERMINATION
The license is valid until terminated by 8ight5ive Games LLC or by You. Your rights under this license will terminate automatically and without notice from 8ight5ive Games LLC if You fail to adhere to any term(s) of this license. Upon termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Products.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
8ight5ive Games LLC represents and warrants that 8ight5ive Games LLC will comply with applicable third-party terms of agreement when using licensed Product.
In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement”, Apple and Apple’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
8ight5ive Games LLC and the End-User acknowledge that, in the event of any third-party claim that the licensed Product or the End-User’s possession and use of that licensed Product infringes on the third party’s intellectual property rights, 8ight5ive Games LLC, and not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.
16. APPLICABLE LAW
This license agreement is governed by the laws of the State of California, excluding its conflicts of law rules.
17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms shall be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
17.3 8ight5ive Games LLC reserves the right to modify, amend, or otherwise change any and all provisions of this license agreement.
17.4 All provisions of this license agreement shall be extended to Your licensed use of our Products, services, and website.