1.1 “App” means the My Molecularium computer game program for mobile devices.
1.2 “Malicious Code” means any viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs.
1.3 “Our” and “Ours” mean belonging to Rensselaer Polytechnic Institute.
1.5 “Us” and “We” mean Rensselaer Polytechnic Institute.
1.6 “You” means the user of the App.
1.7 “Yours” means belonging to You.
4. Using the App
4.1 Who can Use the App. You may NOT use the App if:
4.1.1 You cannot enter into a binding contract with Us; or
4.1.2 You are not allowed by law to receive products, including services or software, from the United States (if, for example, you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals).
4.3 Accessing Our App. To access the App, you may need an account with the company that provides your mobile applications, such as Apple or Google Play. You may need to update third party software from time to time to receive the App. We provide the games and You provide the equipment to play them, such as computer, phone, tablet or another electronic device. You are responsible to pay any fees to connect to the Internet and app stores or for data or cell phone usage to download and use the App.
4.4 App Changes and Limitations.
4.4.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO STOP OFFERING OR SUPPORTING THE APP, IN WHOLE OR IN PART (INCLUDING, WITHOUT LIMITATION, PROHIBITING ACCESS TO GAME APPS, SERVICES, TOOLS, SITES AND CONTENT AND DELAYING AND REMOVING HOSTED CONTENT) AT ANY TIME, WITHOUT REFUND, BENEFIT OR COMPENSATION TO YOU.
5. Ownership; Limited License
5.1 Ownership. The App is comprised of works owned by Us, and it is protected by copyright, trademark, trade dress and other United States and non-United States intellectual property laws. We own, have licensed or otherwise have the rights to use all content that appears in the App. We do not grant you or any other party any right, title or interest in the App or any content in the App.
5.2 Limited License.
5.2.2 YOU SHALL NOT:
(B) License, sublicense, sell, resell, rent, lease, transfer or distribute all or any portion of the App;
(C) Copy, frame or mirror any content forming part of the App, other than for your own non-commercial entertainment purposes;
(D) Access or use the App to build a competitive product or service, or to copy, evaluate or monitor ideas, features, functions or graphics, or to monitor or evaluate the availability, performance, or functionality of the App, or for any other benchmarking or competitive purposes; or
(E) Store or transmit any infringing, libelous, unlawful or tortious material; store or transmit material in violation of third-party privacy rights; use the App to store or transmit Malicious Code; interfere with or disrupt the integrity or performance of the App or data contained in it; attempt to gain or permit others to gain unauthorized access to the App or related systems; or unreasonably restrict or inhibit any other user of the App from using or enjoying any services provided to that user by Us.
6.1 You will pay the fees set in the App Store where purchases are handled.
7. Feedback and Unsolicited Ideas
7.1 There is no feedback option provided within the App. We disclaim any liability arising from use of unsolicited ideas submitted to the App Store.
8. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
8.1 THE APP IS PROVIDED “AS-IS.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, ABOUT THE APP. Specifically, but without limitation, We make no warranty: against interference with Your enjoyment of the App or against infringement; that the functions performed by the App will meet Your requirements; that the operation of the App will be uninterrupted or error-free; that defects in the App will be corrected; or that the App is compatible with any particular platform. We are not required to provide any updates to the App. We have no responsibility and assume no liability for the performance or failure to perform warranty services of any other manufacturer or software service provider.
8.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FOLLOWING LIMITATIONS OF LIABILITY SHALL APPLY, EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE:
8.2.1 OUR LIABILITY TO YOU UNDER ANY LEGAL THEORY IS LIMITED TO THE TOTAL FEES YOU HAVE PAID TO US FOR USE OF THE APP DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE YOUR CLAIM IS DETERMINED BY THE COURT TO HAVE ACCRUED.
10. Governing Law; Dispute Resolution
10.2 To the fullest extent permitted by applicable law:
10.2.1 You agree to waive any right to jury trial.
10.2.2 You agree that You and We can only bring a claim against each other on an individual basis. No class actions, consolidated actions or representative actions may be brought.
11.7 Government End Use Provisions. This Agreement is not intended for the provision of any products or services of any kind to any federal, state or local governmental agency, department or authority anywhere in the world (“Government”). Products and services intended for Government as the end-user shall be subject to a separate, signed agreement.
11.8 Survival. The following provisions shall survive termination of the App or your use of the App: Sections 1, 2.2, 5.1, 5.3, 8-11, and any other provision that by its terms is intended to survive.