Intro

END USER LICENSE AGREEMENT


This End User License Agreement ("License") is an agreement between you and Publisto Ltd (hereinafter "Publisto") and Publisto is solely responsible for the License software and the content hereof. This License governs your use of this software and all related documentation and update and upgrades that replace or supplement the software and are not distributed with a separate license.
BY INSTALLING OR USING THIS SOFTWARE, YOU CONSENT TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, THEN DO NOT INSTALL OR USE THE SOFTWARE. IF YOU INSTALL THE SOFTWARE, THE TERMS AND CONDITIONS OF THIS LICENSE ARE FULLY ACCEPTED BY YOU. Apple and Apple's subsidiaries are third party beneficiaries of this License Agreement and upon your acceptance of the terms and conditions of this License, Apple will have the right to enforce this License against you as a third party beneficiary hereof.


1. LICENSE
In consideration of a possible payment of the License fee, which is a portion of the price you pay when you acquire this software, or for other good and valuable consideration in the case of promotional software, demonstration software or software updates and any in-app purchases, you hereby acknowledge that this software is licensed (not sold) to you by Publisto. Publisto grants you a personal, non-exclusive, non-transferable license to install and use the software to an iOS Product that you own or control (hereinafter "computer/mobile device") for your personal, non-commercial use solely as set forth in this License and Usage Rules set forth in the App Store Terms of Service. Publisto does not transfer title to the software to you; this License shall not be considered a "sale" of the software. You may own or control the media on which the software is recorded but Publisto retains full and complete right, title and interest in the software (including all characters, storyline, images, photographs, animations, video, music, text, etc) on the media and the accompanying documentation, and all associated copyrights, trademarks and other intellectual and/or industrial property rights therein. This License is limited to the intellectual property rights of Publisto and its licensors in the software and does not include any rights to other patents or intellectual property.
Duration: The term of your license shall commence on the date that you start to download, install or otherwise use the software, and shall end on the earlier of (a) the date that you dispose of the software, (b) Publisto's termination of this License as described in article 5 of this License.


2. SOFTWARE RESTRICTIONS
This software contains copyrighted material, trade secrets and other proprietary material. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the software to a human-perceivable form. Except as provided for in this License, you may not copy, modify, network, rent, lease, or otherwise distribute the software, nor can you make the software available by "bulletin boards", online services, remote dial-in, or network or telecommunications links of any kind, nor can you create derivative works or any other works that are based upon or derived from the software in whole or in part. You may not make the software available on a network where it could be used by multiple users at the same time. You may not make the software available over a network where it could be downloaded by multiple users. You may not remove, alter or obscure any product identification, copyright, or other intellectual property notices in the software.

Downloads
You may download for your personal use the number of copies allowed by the software's digital rights management from an authorized source. However, you may use only one copy of the software on a single computer or mobile device at any given time. For more information concerning the digital rights management that applies to this software, please review the Apple terms and conditions.

Purchases
In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", including but not limited to virtual Story Chaser Coins, all for use in Publisto games; and (b) other goods or services ("Merchandise").
Publisto may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Publisto shall have no liability to you or any third party in the event that Publisto exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Publisto, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Publisto games is a service provided by Publisto that commences immediately upon acceptance by Publisto of your purchase.

Display
Where the software provides you with the ability to create, modify, print, send and/or save images or animations containing Publisto's copyrighted characters or other copyrighted material, this License only allows you to use such images or animations for your own PERSONAL enjoyment and not for any commercial or governmental purpose whatsoever. Further you may not sell or publicly display such images or animations (or any material containing such images or animations). You may not use images and/or animations generated by the software in connection with any advertising or promotional materials, whether for profit or not for profit, unless under the written agreement by Publisto. You further agree that you will preserve all copyright notices that the software embeds within the output of all images and animations. If any such image is solely created by you and does not contain or is not based upon Publisto's copyrighted characters or material, the above restrictions ("Display") shall not apply.

Appropriate Use
This License does not authorize you to combine images containing Publisto's copyrighted characters or material with content that is not wholesome or that otherwise disparages Publisto or Publisto's copyrighted characters or material, including without limitation, content that (a) contains nudity, pornography or sexually explicit materials, (b) promotes or portrays violence, (c) promotes or portrays discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (d) promotes or portrays illegal activities, (e) promotes or portrays tobacco, liquor or gambling, (f) infringes any intellectual property rights of Publisto or any third party, or otherwise violates the rights of any third party, (g) contains material that is defamatory, fraudulent, or harassing to Publisto or any third party, (h) advocates the adoption or promotes the ideology of a specific religious or political viewpoint, or (i) is otherwise in conflict with the image and reputation of Publisto.


3. OWNERSHIP OF PROTECTED MATERIAL
The Publisto software contains audiovisual material, including, without limitation, images, sound, music and characters, that are owned by or licensed to Publisto Ltd and/or its contractors (collectively, the "Protected Material"). The software may allow you to create output containing the Protected Material. You acknowledge and agree that, as between you and Publisto, Publisto exclusively owns all copyrights, trademarks and all other present and future intellectual property rights in and to the Protected Material as such material appears in the software and on or in any output generated by the software. Your use of such Protected Material shall inure to Publisto's benefit. You shall neither acquire nor assert copyright or any other intellectual property rights in or to the Protected Material or in any derivation, adaptation, or variation thereof. Other than with respect to the Protected Material, Publisto claims no rights in or to any content created by you using the software. In the event of any third party claim that the software or the deriving content created by you infringes that party's intellectual property rights, you and Publisto (not Apple) will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.


4. TERMINATION
This license is effective until terminated by either party. Your rights under this License will terminate immediately and automatically without any notice from Publisto if you fail to comply with any of the terms and conditions of this License. Publisto's termination will not limit any of Publisto's other rights or remedies at law or in equity.


5. DISCLAIMER OF WARRANTY
USE OF THE PUBLISTO SOFTWARE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PUBLISTO OR AN AUTHORISED REPRESENTATIVE OF PUBLISTO CREATES A WARRANTY AND THE PUBLISTO SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PUBLISTO AND ITS LICENSORS DESCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, SUCH AS THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON -INFRINGEMENT OF THIRD-PARETY RIGHTS. PUBLISTO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS OF THE SOFTWARE WILL BE CORRECTED. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION AND IN NO CASE SHALL APPLE BE HELD RESPONSIBLE FOR PROVIDING ANY MAINTENANCE AND/OR SUPPORT SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, IN WHICH CASE SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.


6. LIMITATION OF LIABILITY
IN NO EVENT WILL PUBLISTO OR APPLE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSESSION, ACCESS, USE OR MALFUNCTION OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER/MOBILE DEVICE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT PUBLISTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. In no event shall Publisto's total liability to you for all damages (except as may be required under applicable law) exceed the amount actually paid by you for the software.


7. OTHER TERMS AND CONDITIONS
Severability and Survival
If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions shall continue in full force and effect.

Indemnity
You agree to indemnify, defend and hold Publisto, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from (i) your acts and omissions to act in using the software pursuant to the terms of this License or )ii) your breach of this License Agreement.

Equitable Remedies
You agree that a breach of this License adversely affecting Publisto's proprietary rights in the software may cause irreparable injury to Publisto for which monetary damages would not be an adequate remedy and Publisto shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law.

Entire Agreement
This License constitutes the entire agreement between you and Publisto with respect to the software and supersedes all prior or contemporaneous understandings regarding such subject matter. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.

Amendment
We may amend any of the terms of this License Agreement in our sole discretion by posting the revised terms on the Publisto website. Your continued use of the software after the effective date of any such amendment constitutes your agreement to be bound by such amendment.

Legal Compliance and Governing Law
The laws of Greece, excluding its conflicts of law rules, govern this license and your use of the software. Your use of the licensed software may also be subject to other local, state, national, or international laws.
You expressly agree that exclusive jurisdiction for any dispute with Publisto, or in any way relating to your use of the Publisto software, resides in the courts of Greece and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Greece in connection with any such dispute including any claim involving Publisto or its affiliates, subsidiaries, employees, contractors, officers and licensors.


8. CLAIMS & CONTACT
Publisto, and in no case Apple, is responsible for addressing any of your claims relating to the software, including but not limited to (i) product liability claims, (ii) any claim that the software fails to conform to any applicable legal or regulatory requirement and (iii) claims arising under consumer protection or similar legislation.
In case you have any questions, complaints or claims concerning this License Agreement and/or the licensed software, you may contact us at:
Publisto Ltd
Address: Platia Karitsi 5, 10561, Athens, Greece
E-mail: support@publisto.com

Last updated: May, 2015