End user license

Please read this End User License Agreement ("Agreement") carefully before downloading, installing, or using any application developed by OrbitalTab. By downloading, installing, accessing, or using an OrbitalTab application (the "Application"), you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not download, install, or use the Application. This Agreement applies to every application published by OrbitalTab unless that application is accompanied by a separate license, in which case the separate license controls.

1. License Grant

Subject to your compliance with this Agreement, OrbitalTab ("Licensor," "we," "us," or "our") grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use one copy of the Application in executable object code form solely for your own personal, non-commercial purposes on any device that you own or control, in accordance with the usage rules established by the storefront or platform from which you obtained the Application.

2. Ownership and Reservation of Rights

The Application is licensed, not sold, to you. Licensor and its licensors retain all right, title, and interest in and to the Application, including all intellectual property rights therein (including but not limited to all artwork, characters, music, sound effects, text, source code, and other content). This Agreement does not grant you any rights to trademarks, service marks, or logos of Licensor. All rights not expressly granted to you in this Agreement are reserved by Licensor.

3. Scope of License and Restrictions

You agree that you will not, and will not permit any third party to:

• copy, modify, adapt, translate, or create derivative works of the Application;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Application, except to the extent such restriction is expressly prohibited by applicable law;
• rent, lease, lend, sell, redistribute, sublicense, or otherwise transfer the Application to any third party;
• remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on or in the Application;
• use the Application for any unlawful purpose, or in any manner that could damage, disable, overburden, or impair the Application or interfere with any other party's use of the Application;
• use any automated system, bot, script, cheat tool, hack, mod, or unauthorized third-party software to access, exploit, or interact with the Application, or to gain an unfair advantage in the Application; or
• use the Application to develop a competing product or service.

4. Updates

Licensor may from time to time develop patches, updates, upgrades, or new versions of the Application to improve performance, add features, fix issues, or maintain compatibility with new operating system versions. This Agreement will govern any such updates unless a separate license accompanies the update, in which case the separate license will govern.

5. Consent to Use of Data

The Application may store certain information locally on your device to enable progress, preferences, and offline functionality. If you choose to create an account or enable cloud features, certain information may be transmitted to and stored by our service providers in order to sync your progress across devices and provide customer support. Our collection and use of information in connection with the Application is described in our Privacy Policy, which is incorporated into this Agreement by reference. By using the Application, you consent to such collection and use as described in the Privacy Policy.

6. Third-Party Services and Content

The Application may make use of third-party services (such as analytics, crash reporting, cloud storage, or payment processing services) to operate certain features. Your use of such third-party services may be subject to the separate terms and privacy policies of those third parties. We are not responsible for the practices or content of any third-party service.

7. In-App Purchases

The Application may offer optional in-app purchases of virtual items or currency for use within the Application. All in-app purchases are final and non-refundable except as required by applicable law or the refund policies of the storefront through which the purchase was made. Virtual items and currency have no monetary value, cannot be exchanged for real money or other items of value, and may only be used within the Application. We reserve the right to manage, regulate, control, modify, or eliminate virtual items and currency at any time, with or without notice, and we will have no liability to you for exercising such rights.

8. User Conduct

If the Application includes any feature that allows interaction with other users (such as leaderboards, shared content, or messaging), you agree to use such features respectfully and lawfully, and not to post or transmit any content that is unlawful, harassing, defamatory, obscene, or otherwise objectionable. We reserve the right to remove content or suspend access for violations of this section.

9. Term and Termination

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically, without notice, if you fail to comply with any of its terms. Upon termination, you must cease all use of the Application and destroy all copies of the Application in your possession. Sections of this Agreement that by their nature should survive termination (including but not limited to Sections 2, 3, 7, 10, 11, and 12) will survive.

10. Disclaimer of Warranties

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS REPRESENTATIVES WILL CREATE A WARRANTY.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE APPLICATION, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LICENSOR'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APPLICATION AND ANY IN-APP PURCHASES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) TEN U.S. DOLLARS (USD $10).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless Licensor and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your violation of this Agreement or your misuse of the Application.

13. Export Compliance and Legal Compliance

You represent and warrant that you are not located in a country subject to a government embargo, and are not on any government list of prohibited or restricted parties. You agree to comply with all applicable export control and economic sanctions laws and regulations in your use of the Application.

14. Age Requirements

The Application is not directed at children under the age of 13 (or the applicable age of digital consent in your jurisdiction), and you represent that you meet the applicable minimum age requirement to use the Application or that you have obtained the consent of a parent or legal guardian to do so.

15. Changes to This Agreement

We may modify this Agreement from time to time. If we make material changes, we will provide notice through the Application or by other reasonable means. Your continued use of the Application after any such change constitutes your acceptance of the revised Agreement. If you do not agree to the revised terms, you must stop using the Application.

16. Governing Law and Disputes

This Agreement will be governed by and construed in accordance with the laws of the jurisdiction in which Licensor is established, without regard to its conflict of law provisions. Any dispute arising out of or relating to this Agreement or the Application will be resolved through good-faith negotiation, and if unresolved, through the courts or arbitration bodies of competent jurisdiction, except where applicable law requires otherwise.

17. Third-Party Beneficiaries

You acknowledge that this Agreement is between you and Licensor only, and not with any storefront, distribution platform, or operating system provider used to obtain or run the Application ("Platform Provider"). A Platform Provider is not responsible for the Application or its content, has no obligation to furnish any maintenance or support services with respect to the Application, and bears no liability for any claim relating to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify the Platform Provider, which may, subject to its own policies, refund the purchase price for the Application, and to the maximum extent permitted by applicable law, the Platform Provider will have no other warranty obligation with respect to the Application. Any claims relating to (a) product liability, (b) noncompliance with legal or regulatory requirements, or (c) consumer protection laws are the sole responsibility of Licensor. Each Platform Provider used to distribute the Application, and its subsidiaries, is a third-party beneficiary of this Agreement and has the right to enforce this Agreement against you.

18. Entire Agreement; Severability

This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Licensor regarding your use of the Application and supersedes any prior agreements. If any provision of this Agreement is held to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

19. Contact

If you have questions about this Agreement, please contact us through the support resources provided within the Application, or email support@orbitaltab.dev.