End-User Licence Agreement (EULA)

Parties

This End User Licence Agreement (“Agreement”) is between the End-User (“You” or “Your”) and Rushmore Games and governs use of any Rushmore Games licensed software (“Apps”) made available through the Apple App Store, Google Play Store, or other distributor (“Distributors”), and not Distributors or any other third-party.

Scope Of Licence

Apple App Store

Acceptance of this Agreement grants to You a limited, non-transferable licence to use Apps downloaded through the App Store or other Apple-branded distribution interface on any Apple-branded Products that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except as such Apps may be accessed and used by other accounts associated with You via Family Sharing or volume purchasing.

Maintenance And Support

Rushmore Games shall provide any and all maintenance and support services with respect to Apps as specified in the Agreement or as required by applicable law. Rushmore Games reserves the right to terminate support for any or all Apps, in whole or in part, at any time and for any reason, except as prohibited by applicable law. Both Rushmore Games and You agree that Distributors have no obligations whatsoever to furnish any maintenance or support services with respect to Apps.

Warranty

Rushmore Games makes no warranty or guarantee, whether express or implied, except as required by applicable law. In the event of any failure of Apps to conform to any applicable warranty, You may notify the Distributor, and Distributor will refund the purchase price to You, but to the maximum extent permissible by applicable law, Distributor shall have no other warranty obligation whatsoever with respect to Apps. You acknowledge that Rushmore Games makes no guarantees or warranties regarding Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to or arising from the use of Apps, except as required by applicable law, are solely Your responsibility, and you agree to use Apps at your own risk.

Product Claims

Rushmore Games and not Distributors is responsible for addressing any claims relating to Apps or Your possession or use of Apps, including but not limited to: (i) product liability claims; (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Apps use of licensed Distributor frameworks.

Intellectual Property Rights

Rushmore Games and You hereby acknowledge and agree that, in the event of any third party claim that Apps or Apps possession or use infringe upon that third party’s intellectual property rights, Rushmore Games will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim, except as follows: You agree to similarly aid, indemnify, and hold harmless Rushmore Games in the event Your possession or use of Apps results in such intellectual property infringement claim by any third party.

Legal Compliance

This Agreement shall be deemed to be construed under the jurisdiction of the courts located in the United Kingdom, without regard to conflicts of laws as regards the provisions thereof. Any legal action relating to this Agreement shall be brought exclusively in the courts of the United Kingdom, and all parties consent to the jurisdiction thereof. Furthermore, the prevailing party in any action to enforce this Agreement shall be entitled to recover costs and expenses including, without limitation, legal fees. Accordingly, this Agreement is made within the exclusive jurisdiction of the United Kingdom, and its jurisdiction shall supersede any other jurisdiction of either party's election.

Contact Information

Rushmore Games welcomes your questions or comments regarding this Agreement. If you believe that Rushmore Games has not adhered to this Agreement, or are in need of clarification or assistance, please contact Rushmore Games at:

rushmoregames.info.gmail.com

Third Party Terms Of Agreement

You agree to comply with any and all applicable third party terms of agreement when using Apps. This includes, but is not limited to, wireless data service agreements, internet service provider agreements, or any other agreement that may be in effect when downloading or running Apps.

Third Party Beneficiary

Rushmore Games and You acknowledge and agree the Distributors, and Distributors subsidiaries or assigns, are third party beneficiaries of the Agreement, and that, upon Your acceptance of the terms and conditions of the Agreement, Distributors have the right (and will be deemed to have accepted the right) to enforce the Agreement against You as a third party beneficiary thereof.