War Games from Kuma\War, 30+ Military Battle Games based on Reality    

 

END USER LICENSE AND SUBSCRIPTION AGREEMENT

IMPORTANT – READ CAREFULLY : This agreement is a legal agreement between Kuma, LLC,
having a principal place of business at 100 Park Avenue, 17th Floor, New
York, NY 10017 ( "Kuma") and you, regarding (i) access to, and use of, the
http://www.kumagames.com and related websites (the "Website") and (ii) the Kuma\War
software application (the "Client Application") and other Kuma
entertainment software content, which includes computer software and
associated media, printed materials and electronic documentation and
technology enabling users to access and use the Kuma service
(collectively referred to as the "Kuma Online Service"). This agreement
should be read in connection with the Kuma Online Service Rules and
Disclaimers, found on the Website at
http://www.kumawar.com/legal/rules.htm ("Service Rules").

PLEASE NOTE: IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) YEARS OLD, A PARENT
OR GUARDIAN MUST ENTER INTO THIS AGREEMENT FOR YOU. PLEASE DO NOT ENTER
INTO THIS AGREEMENT YOURSELF! If you are under the age of eighteen (18)
years old, your parent or legal guardian hereby acknowledges and agrees,
by entering into this agreement on your behalf, that he or she (i) has
read this agreement and will enter into it on your behalf; (ii) has
informed you of the terms and conditions of this agreement and your
obligations under it; and (iii) shall be bound under this agreement to all
the terms and conditions and shall be liable for any actions or inactions
by you in connection with your use of or access to the Kuma Software and
Website or any breach of the terms or conditions of this agreement by you.

Any software or content provided with the Kuma Online Service that is
associated with a separate end-user license agreement is licensed to you
under the terms of that separate license agreement. By clicking or
checking "I AGREE" or otherwise indicating your agreement to the
terms herein during the registration and/or installation processes, you agree to be bound by the terms of this agreement.

If you have previously agreed to the terms of this agreement and wish to
close your Kuma Online Service account, you must uninstall the Client
Application (see section 3(c) below) or cancel your account by visiting
http://www.kumawar.com/help.htm and following the instructions you'll find
posted there.


A.

License:

Grant of License. Kuma grants to you a limited,
personal, nonexclusive, nontransferable, revocable license during
its term to (i) install and use one (1) copy of the Client
Application on a single computer; and (ii) access, exchange
information and data with, and use the Kuma Online Service for
your own internal, noncommercial use, subject to the terms and
conditions of this agreement.

You acknowledge that you have read and agree to all the Service
Rules. The Service Rules are made a part of this agreement by this
reference. To review them, please use a web browser to visit:
http://www.kumawar.com/legal/rules.htm. You acknowledge that the
Service Rules may be updated periodically and you are responsible
for reviewing the Service Rules regularly for updates and changes.

 

You acknowledge that you have read and agree to the terms of use
set forth on the Website regarding access to and use of the
Website (the "Terms of Use"). The Terms of Use are made a part of
this agreement by this reference. To review them, please use a web
browser to visit: http://www.kumawar.com/legal/terms.htm. You
acknowledge that the Terms of Use may be updated periodically and
that you are responsible for reviewing the Terms of Use regularly
for updates and changes.

Limitations on License.Limitations on License. Kuma retains all
rights not expressly granted to you. You shall not (i) modify,
create derivative works from, adapt or translate any part of the
Kuma Online Service; (ii) reverse engineer, decompile, or
disassemble any part of the Kuma Online Service; (iii) offer for
sale, sell, distribute, re-distribute, transfer, assign,
outsource, rent, lease, sublicense or otherwise lend any part of
the Kuma Online Service or rights granted to you by Kuma; (iv)
duplicate, reproduce or copy any part of the Kuma Service or any
information or other content derived from the Kuma Service; or (v)
insert, or allow for the insertion of, a virus, Trojan Horse or
other disabling mechanism. Any access or use of the Kuma Online
Service or the Website inconsistent with the terms of this
agreement is unauthorized and strictly prohibited.

Security Elements; Password. You are responsible for keeping your
user ID and password secret and confidential. You are solely
responsible for any communications or other uses that are made by
the use of your user ID and password, even if not made by you, as
well as any obligations that may result from any such use. You
must not transfer or sell your user ID or password to a third
party. You are responsible for changing your password if you
believe that it has been stolen or might otherwise be misused. You
must notify Kuma immediately of any unauthorized use of your user
ID or password.

   
B.

Subscriptions:

Kuma offers a variety of service levels to the Kuma Online Service. The features and content you may access on the Kuma Online Service will vary based on your service level. Current service levels include a free Standard level and a for-fee Premium subscription. The following items apply ONLY to Premium subscribers:

1. The Kuma Commitment: Each calendar month, Kuma will post on its
website a minimum of two (2) Kuma\War episodes consisting of single-
and/or multi-player missions and accompanying materials ("Kuma\War
Episodes"). Accompanying materials may include video news shows,
editorial, links, tutorials, analysis intel, satellite and other
images. The exact contents of Kuma\War episodes and accompanying
material will be determined by Kuma in its sole discretion. It is
your responsibility to update your Kuma client or otherwise download
the Kuma\War episode from the Kuma website. In the event that Kuma
fails to post two (2) Kuma\War Episodes in any given calendar month,
Kuma will not charge you for that month or, if you have already paid
your subscription fee for that month, Kuma will refund to you the
amount you actually paid.

2. Fees: Following the duration of any applicable promotional or
free-service period, you shall pay to Kuma a recurring fee for
subscription to the Kuma Online Service at the intervals set forth in
Schedule A ("Fees"), which is made a part of this agreement by
reference. Payment of all Fees and other charges is subject to the
terms and conditions of this agreement, including Schedule A, which is
follows this document. You are solely responsible for (i) providing
your own Internet access; (ii) any telecommunication charges or other
charges which you incur through your use of the Kuma Online Service;
and (iii) any and all sales taxes, use taxes, and any other related
taxes.

   
C.

Term and Termination:
Term.

This agreement will become effective following your installation of the Kuma software.
This agreement shall continue in full force
and effect for one month, unless earlier terminated.
Thereafter, this agreement will automatically renew for consecutive months, until either party elects to
terminate this agreement by providing notice to the other party.
Any such notice from you to Kuma must be made by e-mail or by
delivery of physical written notice. Any such notice from Kuma to
you will be made by the method Kuma deems reasonable and appropriate.

Termination by Kuma.

(a) Without Cause. Kuma may terminate this agreement or prevent
access by you to any part of the Kuma Online Service, in its sole
discretion, at any time, including termination for sustained
non-use by you. If Kuma terminates the agreement under this
Section C(2)(a), Kuma will refund to you the amount of your Fees
previously paid, prorated for the number of days remaining in
current payment period of your subscription as of the date of
termination.
Standard users or other non-paying customers are not entitled
to a refund or any other type of compensation or consideration in this circumstance.
(b) With Cause. Kuma may immediately terminate this agreement or
otherwise suspend your rights to access and use any part of the
Kuma Software and the Website, without notice, if any of the
following events occur:
(i) You fail to pay any Fees, charges, or costs when and if due.
(ii) Kuma determines that you have breached any obligation,
representation or warranty of this agreement.
If Kuma terminates the agreement under this Section C(2)(b), you
will not be entitled to a refund for any Fees paid to Kuma.

Termination by You.

Premium subscribers may terminate their subscription at any time in of the following two manners:

(a) Without Cause. You may terminate your subscription at any time
for any reason by providing notice by e-mail or by delivery of a
physical written notice of termination to Kuma at 100 Park Avenue,
17th Floor,, New York, NY 10017. Your subscription will be
terminated within seven (7) days after receipt of your notice by
Kuma, and your account will be closed at the end of the current
month during which termination becomes effective. Kuma will not
refund any partial Fees previously paid.
(b) With Cause. You may terminate your subscription by providing
notice by e-mail or by delivery of a physical written notice to
Kuma if the Kuma Online Service is inaccessible to you for a
period of seven (7) days due solely to the direct fault of Kuma
and your inability to access the Kuma Online Service is not cured
within thirty (30) days of Kuma's receipt of your notice. If you
terminate this agreement under this Section C(3)(b), Kuma will (i)
pay you a refund prorated for the number of days remaining in the
current month of your subscription, beginning on the date on which
Kuma shall have received notice from you that the Kuma OnLine
Service became inaccessible, and (ii) refund any additional Fees
charged to you during the thirty (30) day cure period. Kuma will
not be liable for, and this agreement may not be terminated by you
due to, any delays, system downtime or failure of the Kuma Online
Service to perform or be accessible, if due to any cause or
conditions beyond Kuma's control, including, but not limited to,
acts of God, strikes, lockouts, riots, epidemics, war, terrorism,
governmental decree or regulation, fire, communication line
failure, or power failures. Standard and other non-paying customers may
cancel their account at any time by removing Kuma War from their
computer and ceasing to use the Kuma Online Service. In no
circumstances will non-paying customers be entitled to a refund
or any other type of compensation or consideration from Kuma.
For both non-paying users of the Kuma Online Service and for
Premium subscribers, termination and account cancellation MUST
be completed in the following manner:


Further Termination Procedures:

Procedure. To complete termination by you, you must uninstall
your copy of the Client Application. You may do that through one
of the following methods: (i) activiate the uninstall Kuma War
link in the Kuma War folder of the start memu on the Client
Application; (ii) access the directory on your computer where you
originally installed the Client Application and double-click on
the file entitled uninst.exe; (iii) access the Add/Remove Programs
feature of the operating system located on your computer and
follow the instructions to remove the Client Application; or (iv)
contact Kuma customer assistance at the number provided under the
Help tab on the Website for assistance or to request that Kuma
uninstall the Client Application remotely.
Effect of Expiration or Termination. If this agreement expires or
is terminated for any reason by either party, all licenses and
rights granted to you are immediately terminated, and you must
immediately cease using and accessing the Kuma Online Service.
Survival. Sections A(1) (last two paragraphs); A(2); A(3);
(C)2-(C)5; and E-O shall survive termination of this agreement.

 

D. Support: The Kuma Online Service, or parts of it, may be provided,
hosted, serviced or maintained by one or more third parties. Neither
Kuma nor any such third party shall have any obligation under this
agreement to correct any bugs, defects or errors in any part of the
Kuma Online Service, including, without limitation, the Client
Application or the Website or to otherwise support, update or
maintain any part of the Kuma Online Service. Kuma or its designee
will provide support coverage solely for registered users of the
Kuma Online Service using support tools such as on-line
documentation, e-mail, help screens, and forum or chat rooms, that
Kuma may decide to provide from time to time, in its sole
discretion.


E.

Third Party Software: You acknowledge that certain portions of
the Kuma Online Service may use or communicate with software
developed by third parties or with third-party Internet service
providers not under the control of Kuma ("Third Party Software and
Services"). You agree to look solely to any such third parties for
remedies, losses or damages related to Third Party Software and
Services.

 

F.

Your Information: Except as otherwise provided in Section H
(Proprietary Information) and the Terms of Use, Kuma does not claim
any ownership of any data provided by you in connection with
registration and use of the Kuma Online Service ("Your
Information"). You hereby grant Kuma a perpetual, irrevocable,
worldwide, nonexclusive, royalty-free, fully paid-up right and
license to the Your Information (i) as Kuma reasonably deems
necessary in providing the Kuma Online Service to you; (ii) to
conduct analyses in order to make or offer changes or enhancements
to services, features or functionalities available from Kuma; and
(iii) to perform statistical analyses of your behavior,
characteristics and experience in order to measure actual or
potential interest in or use of various features, functionalities,
or offerings. All use of Your Information by Kuma will be in
compliance with the privacy statements included in the Terms of Use,
updated from time to time by Kuma at its sole discretion. To review
the Terms of Use, please use a web browser to visit:
http://www.kumawar.com/legal/terms.htm.
(iv) to secure and/or personalize the Kuma Online Service, including delivering offers,
promotions and advertisements to you.

 

G.

Representations: You represent and warrant that: (i) you are
eighteen (18) years of age or older as of the Effective Date of this
agreement (if not, your parent or legal guardian hereby represents
and warrants that he or she has validly executed this agreement on
your behalf); (ii) you are accessing the Kuma Online Service in
compliance with all applicable laws and regulations of your
jurisdiction; and (iii) all information provided to Kuma in
connection with this agreement, including, without limitation, all
registration information is true, correct and accurate. You must
promptly provide Kuma with an update in writing if any of Your
Information changes.

 

H. Proprietary Information: You acknowledge that Kuma or its
third-party licensors, as the case may be, own all right, title and
interest, including without limitation, all copyright, trademark,
patent, trade secret and all other intellectual-property rights, and
any changes, modifications improvements, or corrections to them and
derivative works of them in all portions of the Kuma Online Service,
including, without limitation, the Client Application, all software
content, media, text and materials in the games and on the Website,
all encryption and download technology, and all non-personally
identifiable, descriptive or aggregate data or information derived
from Your Information or generated or maintained by Kuma as a result
of your interaction with, access to, or use of, the Kuma Online
Service. You agree not to alter or remove any copyright or other
proprietary rights notice or identification which indicates Kuma's
or a third parties ownership of any materials, or insert any
copyright or other proprietary rights notice or identification which
indicates ownership by any person or entity other than as designated
by Kuma.

Associated Press ("AP") and other, similar proprietary text,
photographic, audio and video material used in connection with the
Website and the Kuma Online Service shall not be published,
broadcast, rewritten for broadcast or publication or redistributed
directly or indirectly in any medium. Neither the AP materials,
similar materials nor any portion of them, may be stored in a
computer except for personal and non-commercial use. Neither AP nor
other proprietary party or licensee shall be held liable in any way
to you or to any third party or to any other person who may receive
information used in connection with the Website or the Kuma Online
Service or to any other person whatsoever, for any delays,
inaccuracies, errors or omissions therefrom or in the transmission
or delivery of all or any part of them or for any damages arising
from any of the foregoing or occasioned thereby.

 

I. Limitation of Liability: You acknowledge that in no event shall
Kuma or any of its affiliates, or any of their respective officers,
directors, employees, agents, representatives, successors or assigns
be liable to you or any third party for any indirect, incidental,
special, punitive, consequential, reliance, or other damages or
penalties, including personal injury or death, loss of profits, or
lost savings, income, revenue, data or use, whether in an action in
contract or tort, including without limitation negligence, or
otherwise, arising out of this agreement or your use, misuse of or
access to the Website, Kuma Online Service or information or data
relating to it, or the exchange of information or data with the
Website, Kuma Online Service, even if Kuma has been advised of the
possibility of such damages.

IN NO EVENT SHALL KUMA'S CUMULATIVE LIABILITY FOR ANY DAMAGES,
PENALTIES, OR LOSS, REGARDLESS OF THE FORM OF THE ACTION OR CLAIM,
EXCEED THE AGGREGATE AMOUNT OF FEES PAID TO KUMA BY YOU DURING THE
IMMEDIATELY PRECEDING TWELVE (12) MONTHS BEFORE THAT CLAIM IS
BROUGHT.

 

J.

Disclaimer of Warranties: Kuma makes no representation or
warranty that the Website or Kuma Online Service will meet your
requirements. You understand that the Website and Kuma Online
Service are provided "AS IS" and in their respective present state
and condition. No warranty or representation, express or implied,
written or oral, statutory or otherwise, as to the condition,
quality, availability, durability, performance, non-infringement,
merchantability, or fitness for a particular purpose or use of the
Website and Kuma Online Service is given or assumed by or any of its
affiliates, or any of their respective officers, directors,
employees, agents, representatives, successors or assigns and all
such warranties and representations are hereby disclaimed to the
fullest extent permitted by law. Kuma makes no representation or
warranty with respect to the accuracy or completeness of the
information or data produced or displayed in connection with the
Website and Kuma Online Service. Kuma does not guarantee continuous,
uninterrupted, or secure access to the Website and Kuma Online
Service and access to such may be interfered with by numerous
factors outside the control of Kuma. Kuma is not liable for any
damages of any type caused by any such interference. You assume any
and all risk associated with the access or use of, or exchange of
content, data or information with the Website and Kuma Online
Service.

 

K.

Indemnification: You hereby indemnify and hold harmless, and
hereby release, Kuma and its affiliates, and their respective
officers, directors, employees, agents, successors and assigns from
and against any and all claims, damages, and expenses, including
reasonable legal fees, incurred directly or indirectly, by Kuma or
its affiliates, or their respective officers, directors, employees,
agents, successors or assigns that arise out of, or relate to, a
breach or non-performance by you of your representations, warranties
or obligations under this agreement.

 

L.

Governing Law and Jurisdiction: This agreement shall be construed
and enforced in accordance with the laws of the state of New York,
United States of America, without reference to conflict of laws
principles. You expressly consent to the sole and exclusive
jurisdiction of the United States federal and state courts in the
state of New York. Kuma shall be entitled to interim relief or
provisional remedies before any court having jurisdiction.

 

M.

Notices: All e-mail notices to Kuma must be directed to the
attention of its Webmaster, at the address given for him on the
Website. Notices by Kuma to you shall be made as set forth in this
agreement. E-mail notices are deemed given on delivery. Notices
given by other written means shall be deemed given as shall be
reasonable and customary for those respective means of delivery, but
in no case for more than two (2) days for hand deliveries and
air-courier deliveries and seven (7) days for delivery by any other
means.

 

N.

Miscellaneous: You may not assign or otherwise transfer any
license or rights granted under this agreement or delegate its
obligations without the express written consent of Kuma, which
consent may be withheld for any reason. In the event any provision
of this agreement is held to be invalid or unenforceable, that
provision will be modified to the minimum extent necessary to be
enforceable and fulfill the purposes of this agreement, and the
remaining provisions of this agreement will remain in full force and
effect. Waiver by either party of any default or breach of this
agreement shall not constitute a waiver of any other or subsequent
default or breach.

 

O.

Entire Agreement: You acknowledge that you have read this entire
agreement, including Schedule A, the Kuma Service Rules and the
Terms of Use, and that this agreement, the Kuma Service Rules, and
the Terms of Use constitute the entire understanding and contract
between You and Kuma and supersede all prior oral and written
communications regarding the subject matter. To review the Service
Rules, please use a web browser to visit:
http://www.kumawar.com/legal/rules.htm. To review the Terms of Use,
please use a web browser to visit:
http://www.kumawar.com/legal/terms.htm. If there is any conflict
between the terms contained in the Service Rules or the Terms of Use
and this agreement, the terms of this agreement shall control. You
may keep this agreement in written form by printing it for your
records, and you waive any other requirement that this agreement be
evidenced by a printed document. Kuma reserves the right to modify
the terms and conditions of this agreement or provide additional
usage requirements in its sole discretion at any time by posting a
revised version. Any modifications will supercede all prior versions
after the revised version has been posted and shall apply to
subsequent transactions by you.

By clicking or checking "I AGREE" during the registration and/or
installation processes, you agree to be bound by the terms of this
agreement. process you acknowledge that you have read and agree to
be bound by the terms and conditions of this License Agreement.

 

SCHEDULE A

FEE SCHEDULE

This Schedule A is attached to, and made a part of, your End User
License and Subscriber Agreement, with Kuma, LLC. All capitalized
terms used here shall have the meaning given to such terms in that
agreement.

Fees:

Kuma presently offers 2 User Levels, Standard and Premium,
each with it's own feature and content set. Standard Users do not pay any fee for their
user of the Kuma Online Service. Premium Users agree to pay the fees below. If you are not sure
if you are a Premium User or a Standard User, you can access your account
by clicking the MyKuma button in the Kuma client, or by
contacting Kuma customer service.
Kuma customer service can be reached by clicking Help on the Game
Client or the Kuma website, or by sending an email to support@kumagames.com

Premium Subscribers agree to the follwing Fees and Payment Terms:

Monthly: $9.99

Your subscription will be activated and will be billed for your
subscription, upon the first use by you of the Kuma Service
following the end of any applicable trial period.

Kuma may modify the Fees from time to time by posting notice on the
Website or by otherwise providing notice to you as set forth in the
End User License and Subscriber Agreement.

Payment Terms:

You shall provide and maintain a valid credit card during the term
of this agreement. You hereby irrevocably authorize Kuma during the
term, until such time as the agreement expires or either party
elects to terminate the agreement as provided in Section C of the
agreement , to issue invoices against, and receive payment from, the
credit card provided by you during registration in advance of every
month for the entire amount of monthly subscriptions.

You agree that you are responsible for all charges associated with,
or incurred through, access or use of your user ID and password,
whether such access or use is authorized by you or not. Kuma will
provide advance notice of any modification of Fees by posting such
notice on the Website. Any updated Fees will take effect during your
subscription period term. Failure to notify Kuma that you wish to
terminate the agreement constitutes your acceptance of the modified
Fees. Except as provided in Section C of the agreement or this
Schedule A, all Fees are non-refundable. Any refunds credited to an
account under this agreement will be processed within two (2) days
following the closure of your subscription account.

All Fees are due and payable in advance each month for use of the
Kuma Online Service during the next applicable month of the
subscription. Kuma shall have no obligation to provide the Kuma
Online Service during any period for which Fees are not timely paid.

 

Return and Refund Policy

In addition to the terms contained in Section C of this agreement
and this Schedule A, you acknowledge that you have read and agree to
the terms of the Kuma Refund Policy ("Refund Policy"), and the
Refund Policy is made a part of this agreement by this reference. To
review them, please use a web browser to visit:
http://www.kumawar.com/legal/refunds.htm.

 


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(C) Copyright 2005 Kuma, LLC. Kuma War and Kuma Reality Games are trademarks of Kuma, LLC.