END USER LICENSE AGREEMENT ("EULA")

PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY BEFORE CLICKING THE "ACCEPT" BUTTON OR DOWNLOADING OR INSTALLING OR USING OR ACCESSING THE Myth.Cool, FROM OUR WEBSITE http://myth.cool.

YOU ACKNOWLEDGE AND AGREE THAT, BY DOWNLOADING, INSTALLING, USING OR ACCESSING THE APP YOU, YOUR HEIRS AND ASSIGNS (COLLECTIVELY “YOU”) ARE INDICATIONG THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS EULA. IF YOU ACCEPT THIS EULA ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THIS EULA AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.

BY CLICKING THE "ACCEPT" BUTTON OR DOWNLOADING OR INSTALLING OR USING OR ACCESSING THE APP, YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY THE TERMS OF THIS EULA.

IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT CLICK THE "ACCEPT" BUTTON OR DOWNLOAD OR INSTALL OR USE OR ACCESS THE APP.

TERMS OF USE AND PRIVACY POLICY FORM AN INTEGRAL PART OF THIS EULA. TO THE EXTENT THAT THE PROVISIONS OF EULA CONFLICT WITH THE PROVISIONS OF TERMS OF USE, THE CONFLICTIONG PROVISIONS IN THE TERMS OF USE SHALL SUPERESEDE. WE RESERVE THE RIGHT TO UPDATE, CHANGE OR REPLACE ANY PART OF THIS EULA BY POSTING UPDATES AND CHANGES ON OUR WEBSITE.

1.GENERAL

 

The application is licensed, not sold, to You by Chengdu Game PP Technology Co., Ltd, a company organized and existing under the laws of China, with its registered office at 2nd Floor, No.10-2, Minxing North 1st Road, Chenghua District, Chengdu City, Sichuan Province, China, Unified Social Credit Code 91510108MAC77B0X3E ("Company" or "We"). Use strictly in compliance with the terms and conditions of this EULA. The term "Application" shall mean: (i) the computer software application accompanying this EULA, including but not limited to any software code, interfaces, graphics, displays, text, documentation, and other components; and (ii) any updates, upgrades, or modifications to the Application.

 

2.GRANT OF LICENSE

The Company grants you a non-exclusive, non-transferable, non-sublicensed, revocable, non-commercial, and personal license to install and use the APP on your personal computer (“PC”), for such time until either you or Company terminates this EULA (the “License”). You must in no event use, nor allow others to use the APP or this License for commercial purposes without obtaining a license to do so from the Company. Updates, upgrades, and modifications may be necessary in order to be able to continue to use the APP on your PC on which the APP is installed.

3.OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

This EULA does not grant or assign you any interest, title or ownership in the APP or its source code and should not be construed as a sale or assignment of any rights in and to the APP. All title, interest, ownership rights and copyrights and other intellectual property rights in and to the APP (including, without limitation, all text, graphics, documents, names, and any other elements which are part of the APP, individually or in combination) and any and all copies thereof are owned by Company or its licensors. The APP is protected by Chinese laws and international laws. This APP may contain certain licensed materials, and, in that event, Company’s licensors may protect their rights in the event of any violation of this EULA.

4.RESTRICTIONS OF USE

You shall use the APP strictly in accordance with the this EULA and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the APP; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the APP; (c) violate any applicable laws, rules or regulations in connection with your access or use of the APP; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or other intellectual property rights) of Company or its affiliates, partners, suppliers or the licensors of the APP; (e) use the APP 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 Company; (f) use the APP to send automated queries to any website or to send any unsolicited commercial e-mail; (g) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the APP; (h) sell, rent out, lease, license, distribute, market, exploit the APP or any of its parts commercially; or (i) use the APP in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

While using the APP, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain Terms of use that govern your use of the APP, which are not meant to be exhaustive and can be modified at any time by the Company.

5.LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER

You acknowledge that you (not Company) are responsible for addressing any third-party claims relating to your use or possession of the APP and agree to notify Company of any third-party claims relating to the APP of which you become aware. Furthermore, you hereby release Company from any liability resulting from your or use or possession of the APP, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the APP fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.

Company does not warrant that the APP will be compatible or interoperable with your PC or used in connection with PC.

You acknowledge and agree that the app is provided on an "as is" and "as available" basis. Your use of or reliance upon the app and any third-party content and services accessed thereby is at your sole risk and discretion. The company and its affiliates, partners, suppliers, and licensors hereby disclaim any and all representations, warranties, and guarantees regarding the app and third-party content and services. This includes, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Furthermore, the company and its affiliates, partners, suppliers, and licensors make no warranty that (i) the app or third-party content and services will meet your requirements; (ii) the app or third-party content and services will be uninterrupted, accurate, reliable, timely, secure, or error-free; (iii) the quality of any products, services, information, or other material accessed or obtained by you through the app will be as represented or meet your expectations; or (iv) any errors in the app or third-party content and services will be corrected. No advice or information, whether oral or written, obtained by you from the company or from the app shall create any representation, warranty, or guarantee. Furthermore, you acknowledge that the company has no obligation to correct any errors or otherwise support or maintain the app.

To the fullest extent permissible under applicable law, the company or its affiliates, partners, suppliers, or licensors shall not be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your access or use of or inability to access or use the app and any third-party content and services. Whether or not the damages were foreseeable and whether or not the company was advised of the possibility of such damages. Without limiting the generality of the foregoing, the company's aggregate liability to you (whether under contract, tort, statute, or otherwise) shall not exceed the amount of 1.000,00 EUR. The foregoing limitations will apply even if the above-stated remedy fails to achieve its essential purpose.

You acknowledge that:

-      APP is never wholly free from defects, errors and bugs, and the Company gives no warranty or representation that APP will be wholly free from such defects, errors, and bugs;

-      the Company does not warrant or represent that the APP will be compatible with your PC; and

-      the Company will not and does not provide any health advice under this EULA or in relation to the APP and (except to the extent expressly provided otherwise) the Company does not warrant or represent that the APP will not give rise to any civil or criminal legal liability on the part of you or any other person.

You acknowledge that Company does not investigate, monitor, represent or endorse the third-party content and services (including any third-party websites, if any, available through the APP). Furthermore, your access to and use of the third-party content and services is at your sole discretion and risk, and Company and its affiliates, partners, suppliers and licensors shall have no liability to you arising out of or in connection with your access to and use of the third-party content and services. Company hereby disclaims any representation, warranty or guaranty regarding the third-party content and services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the third-party content and services.

Nothing in the EULA will: (a) limit or exclude the liability of the Company for fraud or fraudulent misrepresentation by the Company; (b) limit liability for death or personal injury arising from the Company’s negligence; (c) limit any liability of the Company in any way that is not permitted under applicable law; or (d) exclude any liability of the Company that may not be excluded under applicable law.

6.THIRD-PARTY WEBSITES

 

Our Software may contain links to third party Websites

 

- https://gamebuff.cn/

- https://www.nvidia.com/en-us/geforce/drivers/

- https://www.amd.com/en/support

- https://www.intel.com/content/www/us/en/download-center/home.html

- https://gamepp.com/

 

These sites have their own policies, which you should read for yourself as we accept no responsibility for them.

 

7.INDEMNITY

You shall indemnify, defend and hold harmless Company and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the "Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the APP or third-party content and services; (ii) your breach of this EULA; (iii) your violation of law; (iv) your negligence or wilful misconduct; or (v) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right of any person or entity. These obligations will survive any termination of the EULA.

8.TERM AND TERMINATION

The EULA is effective from the earlier of the date you download or use the APP, until terminated according to its terms. You and Company may terminate this EULA, at any time, for any reason. Termination by Company will be effective upon (a) notice to you or (b) termination of your APP Account (if any) or (c) at the time of Company’s decision to discontinue offering and/or supporting the APP. This EULA will terminate automatically if you fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, you must immediately uninstall the APP and destroy all copies of the APP you may have in your possession, your rights granted under this EULA are immediately terminated upon termination.

9.GOVERNING LAW

 

This End User License Agreement and any dispute or claim arising out of or in connection with it (whether contractual or non-contractual) shall be governed by and construed in accordance with the laws of China, excluding its conflict of law rules, unless prohibited by your country's laws. You irrevocably agree that the Chinese courts shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this End User License Agreement, unless prohibited by your country's laws. This End User License Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded.

 

10.MISCELANEOUS

This EULA including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the APP licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.

If any provision of this EULA is held to be invalid or unenforceable with respect to a party, the remainder of this EULA, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this EULA shall be valid and enforceable to the fullest extent permitted by law.

Except as provided herein, the failure to exercise a right or require performance of an obligation under this EULA shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

The Company may modify or amend the terms of this EULA by posting a copy of the modified or amended EULA on http://myth.cool. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the APP following the date in which the modified or amended EULA is posted on http://myth.cool.

Email: hello@gamepp.com

DATE: 2023.06.10