Local Kine Word GameEnd User License Agreement
This End User License Agreement ("EULA") is a legal agreement between you and Local Kine Apps LLC governing your licence to the Local Kine Word Game application software (the "Licensed Application"). Our Terms of Service govern your conduct and the services around the Licensed Application, and our Privacy Policy governs information handling. All three together form the complete agreement.
This EULA is between you and Local Kine Apps LLC only. It is not with Apple Inc., Google LLC, or any other app store operator.
By downloading, installing or using the Licensed Application, you accept this EULA. If you do not accept it, do not download, install or use the Licensed Application.
1. Scope of licence
We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install and use the Licensed Application:
- On any Apple-branded or Android device that you own or control, and as permitted by the usage rules of the app store you obtained it from — including, for Apple, use by other persons through Family Sharing or volume purchasing where applicable;
- Solely for your personal, non-commercial entertainment.
This licence is not a sale. We retain all right, title and interest in the Licensed Application. All rights not expressly granted to you are reserved by Local Kine Apps LLC.
You may not distribute, make available over a network, rent, lease, lend, sell, sublicense or transfer the Licensed Application, or use it to provide a commercial service.
2. Restrictions
You may not, and may not permit or assist anyone else to:
- (a) Copy, reproduce or distribute the Licensed Application except as this EULA permits;
- (b) Reverse engineer, decompile, disassemble, decrypt, unpack, extract the contents of, or attempt to derive the source code, data files, data structures, algorithms or trade secrets of the Licensed Application, except to the narrow extent applicable law expressly permits notwithstanding this restriction;
- (c) Extract, copy, scrape, harvest, mine, index or republish the Licensed Application's dictionary, word lists, definitions, example sentences, alternate spellings, starting-word list, letter distribution or point values, in whole or in part, by any means;
- (d) Use any part of the Licensed Application or its content to train, fine-tune, develop, evaluate, benchmark or improve any machine-learning model, large language model, or generative artificial intelligence system or tool. This is expressly prohibited;
- (e) Modify, adapt, translate, create derivative works of, or repackage the Licensed Application;
- (f) Remove, obscure or alter any copyright, trademark or other proprietary notice;
- (g) Circumvent, disable or interfere with any security, licensing, integrity or technical protection measure;
- (h) Use the Licensed Application with bots, scripts, automation, word solvers, cheat software or modified clients;
- (i) Use the Licensed Application to develop or market a competing product.
The restrictions in (b), (c), (d) and (i) protect information we maintain as confidential and proprietary, and breach of them may cause harm for which monetary damages are inadequate. We may seek injunctive relief in addition to any other remedy available.
3. Ownership and intellectual property
The Licensed Application, including all software, artwork, characters, avatars, sounds, music, text, the board and bonus-square design, the "AK" / "Anykine" mechanic, tile designs and themes, and our compiled Hawaiian Pidgin, English and slang dictionary content — including our selection of entries, our definitions, our alternate spellings and our example sentences — is owned by or licensed to Local Kine Apps LLC and is protected by copyright, trademark, trade secret and other intellectual property laws.
We claim no ownership of any individual word, of the Hawaiian language, or of Hawaiian Pidgin. What we own is our original compilation — the selection, editorial judgment, written definitions, written examples and organisation — which we maintain as confidential and proprietary information and a trade secret. Hawaiian-language words and definitions derive from public-domain reference works, as described in our Terms of Service.
You acquire no ownership interest in any of the foregoing.
4. Consent to data use
You agree that we may collect and use technical and related information about your device, system, application software and peripherals as described in our Privacy Policy, to support software updates, product support, advertising and other services related to the Licensed Application.
5. Services, third-party materials and advertising
The Licensed Application may enable access to services and third-party materials, including advertising. We do not control and are not responsible for third-party materials or services, including advertising content, advertisers, and the websites or applications they lead to, and their availability or accuracy. You agree such materials may contain content you find objectionable, and that we are not liable for it.
Third-party services and materials may become unavailable or change at any time. Where applicable, you must comply with the terms of any third-party service you access through the Licensed Application.
6. Updates and maintenance
We may, but are not obligated to, provide updates, upgrades, bug fixes or new versions of the Licensed Application. Any such update is governed by this EULA unless accompanied by its own licence. We may require you to install an update in order to continue using the Licensed Application, and we may stop supporting older versions.
Apple and Google have no obligation whatsoever to furnish any maintenance or support services for the Licensed Application. Responsibility for maintenance and support, to the extent any is required, is ours alone.
7. Termination
This EULA is effective until terminated. It terminates automatically and immediately, without notice, if you fail to comply with any of its terms. We may also terminate it as described in our Terms of Service. On termination you must stop all use of the Licensed Application and delete all copies from your devices. Sections 2, 3, 8, 9, 10, 11, 12 and 13 survive termination.
8. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED AND STATUTORY, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, OPERATE UNINTERRUPTED OR ERROR-FREE, BE COMPATIBLE WITH ANY PARTICULAR DEVICE OR OPERATING SYSTEM VERSION, OR THAT DEFECTS WILL BE CORRECTED, AND WE DO NOT WARRANT THAT GAME PROGRESS, STATISTICS, GOLD COINS OR VIRTUAL ITEMS WILL NOT BE LOST. NO ORAL OR WRITTEN STATEMENT BY US OR ANY AUTHORISED REPRESENTATIVE CREATES A WARRANTY.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on statutory consumer rights, so some of the above may not apply to you.
9. Apple warranty obligation
In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application. As between Apple and us, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our sole responsibility.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, LOCAL KINE APPS LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL, GAME PROGRESS, STATISTICS, GOLD COINS OR VIRTUAL ITEMS, ARISING FROM OR RELATING TO THIS EULA OR THE LICENSED APPLICATION.
OUR TOTAL AGGREGATE LIABILITY UNDER THIS EULA WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWENTY-FOUR (24) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100).
In no event will we be liable for personal injury or property damage arising from your use of the Licensed Application, except to the extent such limitation is prohibited by law. Nothing in this EULA limits liability that cannot lawfully be limited.
11. Claims and product liability
Local Kine Apps LLC, not Apple or Google, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and use of it, including: (a) product liability claims; (b) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection, privacy or similar legislation, including in connection with the Licensed Application's use of advertising frameworks; and (d) claims that the Licensed Application infringes any third party's intellectual property rights.
If a third party claims the Licensed Application infringes its intellectual property rights, Local Kine Apps LLC — not Apple or Google — is solely responsible for the investigation, defence, settlement and discharge of that claim, to the extent required by applicable law.
12. Legal compliance
You represent and warrant that: (a) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable U.S. and foreign export control and sanctions laws and with all applicable third-party terms when using the Licensed Application.
13. Third-party beneficiaries
Apple Inc. and Google LLC, and their subsidiaries, are third-party beneficiaries of this EULA, and upon your acceptance of this EULA they will have the right (and are deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary of it.
14. Governing law
This EULA is governed by the laws of the State of Hawaii, excluding its conflict-of-laws rules, and by applicable United States federal law, except that nothing in this EULA limits any mandatory consumer protection right you have under the law of your country of residence. The dispute resolution provisions of our Terms of Service apply to disputes under this EULA. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
15. General
Entire agreement. This EULA, together with the Terms of Service and the Privacy Policy, is the entire agreement between you and us concerning the Licensed Application.
Severability. If any provision is held unenforceable, it will be limited or removed to the minimum extent necessary and the remainder stays in effect.
No waiver. Our failure to enforce any provision is not a waiver of it.
Assignment. You may not assign or transfer this EULA. We may assign it freely.
Precedence. If this EULA and the Terms of Service conflict on a matter of licensing or the restrictions in Section 2, this EULA controls. On all other matters, the Terms of Service control.
Contact
Local Kine Apps LLC
[email protected]