Grant of License
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
Updated May 30th, 2013
LICENSES FOR DIFFERENT VERSIONS
Base Version—Home and School licenses. We offer a base version of the SOFTWARE for free. You are welcome to install this version on as many computers as you like, including servers, to serve as many users as you like.
If you have purchased a license of the full version of the software for home use, you may install the SOFTWARE on multiple computers, but may only allow immediate family members to use it. If you wish to share the SOFTWARE with anyone other than your own immediate family members, an additional license or licenses must be purchased. You are allowed to register Timez Attack up to 3 times under these circumstances. Any additional registrations will be at the discretion of the company.
Full Version—School License
Unless specific other arrangements have been made, school licenses are annual and must be renewed after 365 days. School licenses are based on the number of students that use the game, NOT on the number of computers that it’s installed on. Specific licensing arrangements and costs will depend on the details listed on your invoice. After a license has expired, the full version must not be played until the license has been renewed. If a license to the full version has expired, you must switch to using the free base version.
An online license is similar to a home or school license, except game data can be stored and accessed online. With an Online School license, students are allowed to play the game from home as well as at school. Online access to saved game data is included for one year with the purchase of a Home or School License of the Full Version.
We also offer an option for consumers to “Rent” a Home License of the game. This option grants access to one user for three months to a year, for the levels of the game which are rented. It’s possible to upgrade a rental to fancier versions, but the 12-month period of the upgrades are still limited to the rental period of the initial rental.
Delivery of the SOFTWARE from any location or means other than www.bigbrainz.com is not allowed unless specifically arranged in writing. Under no circumstances may you receive income of any kind for distributing or promoting the base version of The SOFTWARE in any fashion.
USE OF CONTENT
All information, materials, functions and other content contained in this software are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content of this software may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than your own licensed use. Furthermore, you must (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the content, in whole or in part, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands.
We do not transfer title to the SOFTWARE to you. Except as permitted under applicable law, you may not distribute or otherwise exploit the SOFTWARE or decompile, reverse engineer, disassemble or otherwise reduce the SOFTWARE to a human-readable form.
Access to usage, performance, and efficacy data of all types from all Company software shall be granted at all times to the Company and may be used for reports, evaluations, and publications without restriction as long as the public reports, evaluations, and publications contain no individual student identification information. The End User will not engage in, allow, assist, or permit any report, evaluation or publication of usage, performance, or efficacy data related to or derived from the Company’s software without prior express written permission.
System Data Collection Technology
Some Big Brainz products may use data collection technology to collect generic system hardware configuration information that is not tied to any specific user.
All title and copyrights in and to the SOFTWARE, including but not limited to any images, texts, and sounds incorporated into the SOFTWARE, are owned by Big Brainz Inc. or its suppliers.
DISCLAIMER OF WARRANTY. THE SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIG BRAINZ, INC. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIG BRAINZ, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF BIG BRAINZ, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY BIG BRAINZ SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
LIMITATION OF LIABILITY
TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE DO NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS.
JURISDICTIONAL AND VENUE ISSUES
Big Brainz, Inc.