EULA - No Mistake
Nectos Games

1. About this easier-to-understand End User Level Agreement (or "EULA")

a. This agreement was meant to be easier to read and understand than a typical EULA. The goal of such an agreement is for both parties ("Nectos Games" and "you") to understand what is implied when you agree to install and use our game. It makes sense that both parties can read and understand its content and that it is "not too lenghty".

b. This EULA is governing the relationship between you and Nectos Games (referred to as "Nectos Games", "we", "our" and "us") concerning the game, "NO MISTAKE" (referred to as the "Game").


2. Your agreement

You confirm your agreement to this EULA when you install the Game or by using the Game. If you do not agree to this EULA, please do not attempt to install or use the Game.


3. License to play and rights

a. If you accept this EULA, Nectos Games grants you the personal right (or license) to install and play the Game.

This license is

- personal: (You can't use the Game for any commercial purpose.)

- non-transferable: (This licence is only for you. You can't transfer or sub-licence the rights you obtained when you agreed to the EULA to anyone.)

- non-exclusive: (Other people can also obtain it if they agree to this EULA as well.)

- revocable: (This licence can be terminated under certain circumstances explained below.)

- limited: (You can only use the Game for the purposes detailed in this EULA.)

- also conditional on your compliance with this EULA.

b. In the event of your making an in-app-purchase from within the game, you acknowledge that no title or ownership of the Game is being transferred or assigned and this agreement should not be considered as a sale of any rights on the Game.

c. This license doesn't allow you to copy, distribute, lease, license, sell, rent, convert, make a copy of the Game available on a network for use or download by multiple users.
Additionally, this license doesn't grant you the rights to reverse engineer, decompile, disassemble, display, perform, prepare derivative works based on, or otherwise modify the Game, in whole or in part.


4. Modifications to this EULA and to Game content

a. New Game content, functionality adjustments, changes in the law or other unforseen events may require us to change this EULA.

Any new version of this EULA takes effect immediately when posted on the web site. It is advised to check for updates to the EULA each time you play the Game. Non-material changes (minor changes in this EULA) do not reduce your rights if not agreed upon each time you play the Game. On the other hand, if we make a material (major) change to this EULA and your consent to such change is required by applicable law, we will obtain your consent as soon as you agree to download, update or play the Game. If you continue to use the Game after a new version of this EULA is posted, you consequently accept the latest version of the EULA.

b. Nectos Games may also need to modify the Game content such as rules, graphics, sounds or gameplay elements, for example, to address issues that may arise with the Game or the way the Game is being played and to make sure that the Game remains enjoyable and functional. If you continue to play the Game after such Game content modifications, you consequently accept all Game content modifications.


5. Technical Requirements

When you agree to this EULA, you also agree that you have the necessary software, hardware, and capabilities required to use the Game. (An internet connection is required to download and update the Game. It could also become a requirement to play the actual Game, for instance, if a license check needs to be done online at the start of the Game.) Nectos Games takes no responsibility or liability for any failure of your system to meet the technical requirements of our Game.


6. Intellectual Property

a. The Game, including the code, graphics, gameplay, user interface, audio and other content, contain proprietary information and material that is protected by copyright and other laws including but not limited to intellectual property. You agree that we own or licence all of this proprietary information and material and that you may not use or exploit any of it without our permission.

b. "Nectos Games", the games created by us and their respective logos are copyrights of Nectos. You may not use or display such copyrights in any manner, except as expressly set out in this EULA. All third party trademarks, service marks and copyrights that could appear in the Game are the property of their respective owners and all rights in them are reserved.


7. Game updates and changes

a. Nectos Games may need to deploy patches, updates, additional content or other modifications to the Game (to add new features or to fix bugs, for instance).

b. We may also need to revoke or suspend access to some features or content from the Game.
    
c. When modifications such as the above mentionned become necessary, we will proceed and update the Game automatically. By agreeing to this EULA, you accept and understand that it is not practicable for us to ask for your approval or even to notify you before we take these actions and you confirm that you consent to us taking these actions without your prior approval and without any prior notice.


8. Warranties and Liability regarding the Game

a. Nectos Games declares that

- we have the right to enter this EULA and to grant you the licences to use the Game as described in section 3.

- we shall use reasonable skill and care to give you access to the Game.

- we shall use reasonable endeavours to comply with applicable laws in the performance of our obligations under this EULA.

b. We provide the Game for personal entertainment, on an 'as is' basis. This means that we do not warrant that the Game is free of errors and also that we make no warranties about the features, content or other parts of the Game.

c. We do not warrant that the Game will be updated, supported or remain compatible with your device for as long as you possess the license for installing, updating and using the Game.


9. Voting System (when applicable)

a. When using our games, we may grant you the right to vote, by interactive means, about content or gameplay elements that you would prefer be added or modified in a later update for our games. For example, we may ask you if you would prefer to collect gold coins or stars in a certain game. If you choose to submit a vote, you confirm that you consent to us recording and storing such information for, but not limited to, statistical purposes.

b. You agree that

- you are free to vote or not.

- you understand that your vote has no decision making value for the Game and that we have no obligation to ackowledge your vote.

- your vote is only part of information collected for, but not limited to, statistical purposes.


c. This right to vote is

- non-exclusive: (Other users may also vote.)

- revocable: (The right to vote in the Game can be terminated at any time of we judge it necessary.)

- limited: (You can only vote on questions proposed to you by our games.)


d. You understand and agree that the data collected by the voting system is of no personal nature and cannot be used to identify you in any way. Any information you provide is in no way tied to any account or any specific device you may be using.

e. We do not warrant that the content you submit your vote for will be part of future updates.

f. If you accept this EULA, we grant you the rights to install, use the Game as described in section 3 and vote as a licensed user only. The right to vote we grant you does not represent any acceptance of you being employed by Nectos Games in any way. It does not give you any right on Nectos Games' ownership or activities, our games or their past, present or future content.


10. Data collection

We use Google Analytics for data collection. The data collected for analysis is of no personal nature and cannot be used to identify you in any way. Any information we collect is in no way tied to any account or any specific device you may be using. We use the data collected, for instance but not limited to, analyse how many players use our game on any supported versions of Android or which country they live in.
With this data, we may also discover if players are having issues with the game or if the game malfunctions. The purpose of data collection is to help improve the game and the user experience.


11. Epilepsy Warning

Certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing a video game, IMMEDIATELY discontinue use of the video game and consult your doctor. Please also note that when using a video game you should take certain standard health and safety precautions, including avoiding playing the game when driving a vehicle or when you are tired or not had much sleep, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and playing the game in a well-lit environment.


12. Force Majeure

You and we will not be liable for any failure to perform any obligation under this EULA, and we will not be liable for any failure or to make the Game available for download, installation or use, if that failure is caused by the happening of any unforeseen event beyond your or our reasonable control including without limitation: Internet outages, communications outages, distribution service outages, hacking, fire, flood, device failure, war or act of God.


13. Governing Law and Jurisdiction

a. This EULA and any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by Canadian law.

b. Unless otherwise provided by the laws of the country in which you live, we and you submit to the jurisdiction of the courts of Canada.


14. General

a. This EULA governs our relationship with you. It does not create any rights for any other person, unless otherwise expressly stated in this EULA.

b. If any part of this EULA is held to be unenforceable, then it will not affect the enforceability of any other part of this EULA. Also, we and you agree to interpret the rest of this EULA in such a way as to reflect your and our intentions in this EULA as far as possible.

c. If you or we fail to exercise (or delay exercising) any right which you or we may have under this EULA, that failure or delay does not mean that we or you lose that right. If we or you only partially exercise a right or only exercise it once, that will not stop you or us from exercising it again in the future.


If you have any questions, complaints, or comments regarding this EULA, please contact us at:
nectosgames@gmail.com