END USER LICENSE AGREEMENT
This End User License Agreement (“EULA”) is a legal agreement between you (“You”) and Fisher-Price, Inc. (together with its parent Mattel, Inc., “Company”).
Platform: Amazon Appstore for Android
Platform Provider: Amazon.com, Inc.
PLEASE READ THIS EULA CAREFULLY BEFORE USING OR INSTALLING THIS APPLICATION (“APPLICATION”). BY USING OR INSTALLING THE APPLICATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA, THEN DO NOT USE OR INSTALL THE APPLICATION. If You are uncertain about Your right to use or install certain materials, You should contact legal counsel.
1. License Grant. Subject to Your compliance with the terms and conditions of this EULA, Company grants to You a personal, limited, non-transferable license to use the Application on one or more Platform-compatible devices that You own or control, as permitted by and in accordance with the Platform’s terms of service. Your purchase, installation and use of the Application is also subject to the Platform’s terms of service, privacy policy and other applicable polices made available by the Platform Provider. In addition, You must comply with applicable third party terms and conditions governing any other products or services in connection with which you use the Application. Please be aware that the Platform Provider may collect analytics about the Application separate from Company’s collection of data as described in Section 2.2.
2. Description of other Rights and Restrictions.
2.1 Use of Application. You may use the Application only in accordance with the terms and conditions set forth in this EULA. You may use the Application solely for lawful purposes. In each instance, the use of the Application is solely for Your own personal and private non-commercial use (including printing and saving of content for personal use only) and not for any other purpose (including, without limitation, any act of electronic or physical distribution or re-distribution, making available, performance or broadcast, or any act for profit or other commercial purpose). Use of this Application may require that You update the operating system of Your device to the current version of the operating system.
2.2 Consent to Use of Data. You agree that Company (and, for clarity, its affiliates, and contractors providing services to Company) may collect and use technical data and related information, including without limitation, technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Application. Company may use this information as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You. For more information about how we may use Your information, please visit our Privacy Statement, which we may revise from time to time as provided therein.
2.3 Restrictions: Except as expressly permitted by the license grant in Section 1, You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not: (a) copy, modify or create derivative works of the Application or any part thereof; or (b) decompile, reverse engineer, disassemble, or otherwise reduce the Application to human-perceivable form (except as and only to the extent the foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Application). Any attempt to do so is a violation of the rights of Company and its licensors. You shall not remove any copyright, trademark or other proprietary notices contained in the Application. You shall not exploit the Application in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
3. Linked Websites; Advertisements; Dealings with Third Parties.
3.1 Company Websites; Linked Websites; Advertisements. The Application may enable access to websites owned or operated by Company (“Company Websites”) and third party services and websites not affiliated with the Company ("Linked Websites"). All use of Company Websites is governed by the terms and conditions and privacy statement posted on such sites. Use of the Company Websites and Linked Websites may require Internet access and that You accept additional terms of Service. Company has no control over the content, operations, policies, terms, or other elements of Linked Websites, and Company does not assume any obligation for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Linked Websites. Company does not endorse, approve, or sponsor any Linked Websites, or any third party content, advertising, information, materials, products, services, applications or other items. Company disclaims all liability in connection therewith. Any activities You engage in connection with any of the same are at Your sole risk and subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Websites.
3.2 Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that You have with any third parties found on or through the Application (including on or via Linked Websites or advertisements) are solely between You and the third party (including issues related to the content of third party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Company disclaims all liability in connection therewith.
4. Application Upgrades. The terms of this EULA apply to any upgrades, supplements, add-on components, or Internet-based services components that Company may provide or make available to You in connection with the Application, unless superseded by a new license accompanying such upgrade, supplement, add-on component, or Internet-based services component, in which case the new license will govern.
5. Ownership; Reservation of Rights: The Application contains copyrighted material, trademarks and other intellectual property that is owned by Company or that is provided by and belongs to third parties (“Third Party Providers”). Company and its Third Party Providers own and will retain all title, interest, ownership rights and intellectual property rights in and to the Application, and reserve all rights not expressly granted to You in this EULA. The Application is licensed, not sold.
6. Representations and Warranties By End User: You represent and warrant that You (a) are the age of majority in Your state of residence (which is typically 18 years of age in most states) and have the legal capacity to enter into this EULA, (b) that You will use the Application only for lawful purposes and in accordance with this EULA, (c) that You will not use the Application to violate any law, regulation or ordinance or any right of Company, its licensors or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent; (d) 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 (e) You are not listed on any U.S. Government list of prohibited or restricted parties.
7. Termination: This EULA is effective until terminated by You or Company. Without prejudice to any other rights, Your rights under this EULA will terminate automatically without notice from Company should You fail to comply with any of the terms of the EULA. Upon termination, You agree to cease all use of the Application and destroy all copies of the Application. Sections 2.3, 4, 5, 7-11, 13 and 14 shall survive termination of this EULA.
8. Disclaimer of Warranties: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. EXCEPT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND SUPPORT SERVICES (IF ANY) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ANY AND ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. COMPANY AND ITS LICENSORS (INCLUDING THE PLATFORM PROVIDER) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND SUPPORT SERVICES (IF ANY), EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE APPLICATION AND SUPPORT SERVICES (IF ANY), ARE ERROR-FREE OR WILL BE UNINTERRUPTED, FREE FROM SPYWARE, MALWARE, ADWARE, VIRUSES, WORMS OR OTHER MALICIOUS CODE, OR WILL FUNCTION TO MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. FURTHER, COMPANY MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO ANY THIRD PARTY SOFTWARE INCLUDED WITH THE APPLICATION. TO THE EXTENT A WARRANTY MAY NOT BE DISCLAIMED AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY, ITS DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
9. Limitation of Liability: TO THE EXTENT NOT PROHIBITED OR LIMITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION:
9.1 DAMAGES FOR LOSS OF PROFITS OR INCOME OR CONFIDENTIAL OR OTHER INFORMATION;
9.2 LOSS OR CORRUPTION OF DATA OR OTHER INFORMATION;
9.3 LOSS OF PRIVACY;
9.4 DENIALS OF SERVICE (INCLUDING COMPUTER CRASHES);
9.5 BUSINESS INTERRUPTION; OR
9.6 ANY OTHER COMMERCIAL DAMAGES OR LOSSES:
ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE APPLICATION OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE PRICE ACTUALLY PAID BY YOU FOR THE APPLICATION. Some states and countries do not allow the limitations set forth in this Section and in Section 8, so those limitations may not apply to You. The foregoing limitations will apply even if any remedy under this EULA fails of its essential purpose.
10. Indemnity: YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS AFFILIATES AND EACH OF THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS, PROCEEDINGS, DAMAGES, COSTS, AND EXPENSES ARISING OR RESULTING FROM YOUR BREACH OF THIS EULA.
11. Injunctive Relief. Because Company would be irreparably injured if the terms of this EULA were not enforced, You agree that: (a) Company will be entitled to seek and obtain, on an expedited basis from any court of competent jurisdiction, immediate injunctive relief to enjoin any breach or prospective breach of this EULA, and (b) You will not object to any such application for injunctive relief on the grounds that Company’s losses may be compensated by monetary damages.
12. U.S. Government Restricted Rights and Export Provisions:
12.1 The Application is “commercial computer software” or “commercial computer software documentation.” The United States Government’s rights with respect to the Application are limited by the terms of this License Agreement, pursuant to FAR § 12.212(a) and/or DFARS § 227.7202-1(a), as applicable.
12.2 You agree by installing or otherwise using the Application that:
12.2.1 You do not reside in a country subject to embargo or export controls by the U.S. Government;
12.2.2 You are not on the List of Denied Persons as published by the U.S. government; and
12.2.3 You will not use the Application for any illegal purpose.
12.3 Because the Application and related technical data may be subject to United States export controls, You agree that You shall not export or "re-export" (transfer) the Application unless You have complied with all applicable U.S. export controls.
13. Acknowledgements: Company, and not Platform Provider, is responsible for the Application and the content thereof. You and Company acknowledge that: (a) this EULA is concluded between Company and You only, and not with Platform Provider; (b) the Platform Provider has no responsibility or liability with respect to your use of the Application or any content or functionality in the Application whatsoever, including without limitation any obligation to furnish any maintenance and support services with respect to the Application; (c) Company, and not Platform Provider, is responsible for addressing any claims by You or a third party relating to the Applications or Your possession or use thereof, including, but not limited to (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirements; and (iii) claims arising under consumer protection or similar legislation; and (d) in the event of a third-party claim that the Application or the possession or use thereof infringes that third party’s intellectual property rights, Company, and not the Platform will be solely responsible for the investigation, defense, settlement and discharge of any such claim. The Platform Provider and its subsidiaries are third party beneficiaries of this EULA and the Platform Provider will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary thereof.
14. Miscellaneous Provisions:
14.1 If You acquired the Application in the United States, this EULA is governed by the laws of the State of New York. If You acquired the Application elsewhere, unless expressly prohibited by local law, this EULA is governed by the laws of the State of New York.
14.2 You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Erie County, New York or the federal courts in the Western District of New York to resolve any disputes arising under this EULA.
14.3 If for any reason a court of competent jurisdiction finds any provision of this EULA, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
14.4 Company reserves the right to discontinue any Internet-based services provided to You or made available to You through the use of the Application.
14.5 This EULA constitutes the entire agreement between the parties with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. This EULA may be changed from time to time by Company. Changes to this EULA will be provided with Application updates. You agree that Your continued use of the Application after any such change has first been promulgated by Company shall constitute Your agreement to the updated EULA containing the changed terms.
15. Consumer Contact: If You have any questions regarding this EULA, or if You would like to contact Company for any other reason, You can reach Company:
Via e-mail: FisherPriceConsumerRelations@mattel.com;
Via phone: 1-800-432-5437; or
Via mail: Fisher-Price,
Inc.
636 Girard Avenue
East Aurora, New York 14052.