Last updated 05 February 2021
Please review this License Agreement carefully before utilizing the Game you have just purchased. Please note this version of the game is for your internal and non-commercial use only. Please consult Trampolene Limited if you are looking for a commercially enabled version.
In this Agreement, the following terms shall be applied:
As a singular entity, Game, or together, Games: refers to any games, downloadable contents, or apps that are under the trade mark iGain, which are educational learning apps designed for children and youth with special needs, produced and sold by the Licensor.
Licensee: refers to the lawful buyer of the Game (natural person and company), who purchased the Game for his personal and non-commercial use.
Non-commercial use of the Game: refers to using the Game for the purpose which is not related to business or professional activity of the Licensee and/or which is not aimed at directly or indirectly gaining any financial benefits by the Licensee.
Licensor: refers to the company under the corporate name Trampolene Limited (Company Registration No. 201621880R), with its principal office in Singapore, Address: 79 Ayer Rajah Crescent #01-06 Singapore 139955, incorporated in the Republic of Singapore, which produced and sold the Licensee the Game.
II. SUBJECT OF THIS AGREEMENT.
This License Agreement, (hereinafter referred to as: the Agreement) is a legal agreement concluded between the Licensor and the Licensee in order to give the Licensee license to use the Game, under the terms and conditions stated in this Agreement.
By using the Game, the Licensee confirms that he has read and understood the terms and conditions below and agrees to be bound by this Agreement.
III. INTELLECTUAL PROPERTY.
The Game, including name of the Game, Game manual, rules of the Game, the distinctive design of the Game board and other Game elements and content include proprietary information and material protected by copyright and other laws including but not limited to intellectual property.
The Licensor declares that, to the best of his knowledge and belief, he is the owner of all rights to the Game, its title and interest in the Game (including intellectual properties rights) and he has also exclusive rights to the trade mark (iGain).
The Licensee agrees and acknowledges that the Licensor retains all ownership of the Game and that it is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
IV. GRANT TO LICENSE.
As a part of purchase price of the Game, the Licensor grants the Licensee a non-exclusive, non-transferable, non-sublicensable, revocable and unlimited territorially license to use copy of the Game solely and exclusively for his personal and non-commercial use (hereinafter referred to as: the License).
All rights not specifically granted under this Agreement are hereby reserved by the Licensor. The License does not give the Licensee any title or ownership in the Game and should not be construed as a sale or transfer of any intellectual property rights in or relating to the Game.
V. LICENSE CONDITIONS.
The Licensee agrees to only use the Game in a manner that is consistent with this Agreement, and the Licensee shall not:
exploit the Game commercially, especially use the Game in order to gain any financial benefits, or aid anyone directly or indirectly to do the foregoing;
sell, rent, lease, license, sublicense, distribute or otherwise transfer the Game or any copies, or aid anyone directly or indirectly to do the foregoing;
modify, copy, or create derivative works of the Game, in whole or in part, or aid anyone directly or indirectly to do the foregoing;
remove or circumvent any proprietary notices or labels contained on or within the Game, or aid anyone directly or indirectly to do the foregoing.
The License is granted for an indefinite period.
To the fullest extent of applicable law, the Licensee agrees to be responsible and liable to Licensor in respect of all damages, losses, and expenses arising directly or indirectly from his acts and omissions to act in using the Game pursuant to the terms and conditions of the Agreement.
The Licensee agrees to indemnify, defend and hold harmless the Licensor from all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) that arise especially from:
breach of any term and condition of this Agreement by the Licensee;
use of the Game by the Licensee;
violation of any rights of any third party by the Licensee.
Indemnification obligations of the Licensee referred to in paragraph 2 above shall survive the termination of this Agreement.
VII. PROHIBITION OF ASSIGNMENT
The Licensee must not give, sell, assign or otherwise divest rights of the Licensee, responsibilities or obligations under the Agreement, either in whole or in part, without the prior written consent of the Licensor. Any attempt to do so shall be null and void and ineffective.
VIII. TERMINATION OF THE AGREEMENT.
This Agreement is effective until terminated by the Licensor.
The Licensor may terminate this Agreement immediately without notice when the Licensee breaches the terms and conditions of this Agreement, in particular when the Licensee uses the Game contrary to the properties and the purpose of the Game. The Licensor is justified to immediately inhibit the Licensee from using the Game.
The Licensee is not entitled to any refund for any amounts which were paid to the Licensor prior to any termination.
IX. GOVERNING LAW AND JURISDICTION.
This Agreement shall be governed by the laws of Singapore and the parties submit to the nonexclusive jurisdiction of the Singapore courts.
The Parties shall make all effort to amicably resolve all disputes arising in connection with this Agreement.
In the event that the disputing Parties are unable to resolve the Dispute, the disputing Parties may elect to resolve the Dispute through mediation. Mediation shall be conducted at the Singapore Mediation Centre in accordance with the Mediation Procedure as explained by the Singapore Mediation Centre for the time being in force. The disputing Parties shall consent and participate in the mediation process upon receipt of a notice of mediation. The disputing Parties agree to participate in good faith and undertake to abide by the terms of any settlement reached.
This Agreement rescinds all previously made arrangements between the Parties, both written and verbal, which are in breach or contrary with its provisions.
XI. CONTACT INFORMATION.
For any details of this Agreement, The Licensee may apply at the following address: Trampolene Limited, 79 Ayer Rajah Crescent #01-06, Singapore 139955.