eula

NIX HYDRA END USER LICENSE AGREEMENT

AND

TERMS OF USE

IF YOU USE EGG BABY, EGG! OR ANY OTHER GAME OR PRODUCT THAT ACCOMPANIES OR IS ASSOCIATED WITH THIS NIX HYDRA END USER LICENSE AGREEMENT AND TERMS OF USE (THE “GAME”), THIS NIX HYDRA END USER LICENSE AGREEMENT AND TERMS OF USE (THIS “CONTRACT”) WILL BECOME A LEGALLY BINDING AGREEMENT BETWEEN YOU AND NIX HYDRA GAMES, INC. (“NIX HYDRA”).  IF YOU DO NOT AGREE TO BE BOUND BY THIS CONTRACT, DO NOT USE THE GAME.

THIS CONTRACT REQUIRES THE BINDING ARBITRATION OF ANY AND ALL DISPUTES (OTHER THAN CERTAIN SPECIFIED INTELLECTUAL PROPERTY CLAIMS), AS STATED IN THE “RESOLUTION OF DISPUTES” SECTION (SECTION 13), WHICH YOU SHOULD READ IN ITS ENTIRETY.  YOU UNDERSTAND THAT THIS IS A LEGALLY BINDING INSTRUMENT AND AGREE TO ABIDE BY ITS TERMS.

1.         THE GAME; OWNERSHIP; THIRD PARTY MATERIALS

(a)         Components, software, data, files, documentation, code, content and other materials (“Components”) that are supplied to you with or generated by or through the use of the Game are part of the Game, and are encompassed by any reference in this Contract to the Game, except as stated in Section 1(c) below.

(b)         The Game and any associated Nix Hydra websites (each, a “Site”) are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You are licensing the Game, not buying it.  Nix Hydra retains ownership of all copies of the Game (including the copy(ies) provided to or made by you) and of the Sites and of all intellectual property rights in the Game and the Sites.

(c)         Components that are proprietary to third parties (collectively, “Third Party Components”) may be provided to you by Nix Hydra along with or during the process of downloading or installing the Game, including any Updates (as defined below), or the Game may facilitate or arrange your acquisition of Third Party Components.  If Nix Hydra provides Third Party Components to you, or if the Game facilitates or arranges your acquisition of Third Party Components (including but not limited to updates, upgrades, enhancements or new versions of Third Party Components already installed on your computer, smartphone or other device (“Device”)), in either case under a license or other grant of rights from that third party, then the Third Party Component is not part of the Game, and your rights and obligations with respect to those Third Party Components are as set forth in that third party license or other grant of rights.  Of course, you should carefully read any such license or other grant of rights.  Nix Hydra has no obligations to you whatsoever relating to any such Third Party Components.

(d)         The network services, Third Party Components, or other software or products other than the Game upon which the Game's performance depends might be interrupted or discontinued at the discretion of the suppliers (software suppliers, service providers, or Nix Hydra). Neither Nix Hydra nor its suppliers warrants that those software products, network services, or other products will continue to be available or that they will operate without interruption, modification, inaccuracy or error.

2.         GRANT OF LICENSE

(a)         Nix Hydra grants you a limited, personal, non-transferrable, nonexclusive and revocable license to use the Game and the Sites in compliance with this Contract.  You are not licensed or otherwise authorized to use the Game or the Sites in any way that violates this Contract.  If you violate this Contract, your right to use the Game and the Sites will automatically and immediately terminate, without notice.  Upon termination of your right to use the Game and the Sites, you must immediately cease all use of the Game and the Sites.

(b)       Nix Hydra grants you a nonexclusive, limited license, with no right to assign such license or to grant any sublicense thereunder, to capture video or screen images from Games played by you and to share such video or screen images with others, including on social media sites such as Instagram.  No right is granted to capture any video or screen images from Games played by others.  Further, Nix Hydra may at any time limit your right or ability to capture or share any video or screen images.  You shall not and are not authorized to (i) modify any such video or screen images in any way, create any derivative works based thereon, or distribute, display, perform or otherwise use any such modification or derivative work in any way (ii) make any commercial use whatsoever of any such video or screen image or use, including, but not limited to, the promotion of any product or service, (iii) display, perform, distribute or otherwise use any such video or screen image in any way (x) that relates to any other game or to any product or service, (y) for the purpose or harassing or embarrassing any other person or any other purpose that could impair the good name or reputation of Nix Hydra or that is inconsistent with Nix Hydra’s values or (z) in any way or for any purpose not expressly authorized hereunder.  Nix Hydra may terminate such license at any time upon notice provided to you by any reasonable means as determined by Nix Hydra.   

(bc)       Except as specifically permitted in this Contract, you may not (i) copy the Game or the Sites, (ii) modify or translate the Game or the Sites or separate out any of their respective components for use with other software or content, (iii) use the Game or the Sites in any way in connection with any business or commercial enterprise or otherwise for any purpose other than for your personal enjoyment or entertainment, (iv) tamper or in any way interfere with the operation of the Game, the Sites or any related service, (v) decompile, disassemble, or otherwise reverse engineer or discover or reveal the source code for the Game or (vi) use the Game on any device or platform (x) other than the device and platform for which the game was designed or (y) that you do not own or control. Further, you may not allow, encourage, motivate or assist anyone to do anything that this Contract prohibits you from doing.  Your only rights that relate to the Game and the Sites are the rights clearly stated in this Contract.  Nix Hydra retains all other rights that relate to the Game or to the Sites.

3.         FEEDBACK   

If you provide Nix Hydra any feedback or ideas regarding the Game or any Sites, you grant Nix Hydra a nonexclusive, perpetual, fully paid-up, royalty-free, irrevocable, worldwide, assignable license, with full rights to grant sublicenses, to use such feedback or ideas in any way and for any purpose and to create derivative works based upon such feedback or ideas and copy, transmit, display, disclose, perform and otherwise exploit and commercialize such feedback or ideas or any derivative works based thereon. 

4.         INTERACTIONS WITH OTHER PLAYERS

(a)       The Game and the Sites have social features that may allow you to interact with others, including, but not limited to, other players of the Game.  All such interactions shall be respectful and appropriate in all respects.  Without limiting the generality of the foregoing, you will not in any such interaction (i) make any statement or representation that is untruthful or misleading in any way, (ii) use, communicate or transmit any offensive, obscene or otherwise inappropriate language or content, including but not limited to language or content of a sexual nature, that includes nudity, that includes or incites violence, that relates to alcohol, tobacco or drugs, or that denigrates any person or group on any basis, including, but not limited to, on the basis of race, religion, nationality, age, sexual orientation or gender identity, (iii) make any commercial communication, (iv) upload any viruses or other malicious code, (v) access anyone else’s account without their permission or (vi) bully, intimidate or harass anyone.  Also, you will not post any content or materials that infringe or violate anyone else’s rights.

(b)       Other players who use such social features may obtain information regarding your activities and achievements relating to the game that is associated with your user name.  Also, if you and one or more other players agree, each of you may each receive automatic notifications regarding the other’s activities relating to the Game.   

5.         AGE REQUIREMENTS

The Game and the Site are intended for use solely by persons who (i) are at least 13 years of age or (ii) have received written permission, in a form acceptable to Nix Hydra in its sole discretion, to play the game from such person’s parent or guardian and have provided a copy of such permission to Nix Hydra.  You represent and warrant that you are at least 13 years of age or have received such written permission and provided such copy to Nix Hydra.

6.         ADVERTISEMENTS; THIRD PARTY SITES, PRODUCTS AND SERVICES

(a)       The Game may feature full-screen or other advertisements and an offer wall (including video offers) from Nix Hydra and/or third parties.  Nix Hydra may provide in such advertisements and elsewhere in the Game and on the Sites links to third party websites or vendors.  Offers from such third party websites or vendors may include invitations to participate in a promotional offer in return for receiving an optional component of the Game and/or related upgrades (such as in-Game currency). These offers may be displayed to you based on information Nix Hydra has about you, such as your geographic area or demographic information. After clicking on one of these advertisements, you will no longer be in any application or website designed, published, controlled or hosted by Nix Hydra. To properly credit user accounts and to prevent fraud, a unique identifier, in some cases your user ID number, may be shared with the third party advertiser.

(b)       Any charges or obligations you incur in your dealings with these third parties are your responsibility. Nix Hydra makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from the Game or any Site, and Nix Hydra will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Nix Hydra and may collect data or solicit personal information from you. Nix Hydra is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Nix Hydra of these linked sites.

(c)       Nix Hydra may offer you rewards for certain achievements or activities of in-Game currency.  You understand and acknowledge that such currency is not transferrable, is not legal tender, cannot be used to purchase anything outside of the Game and has no monetary value. 

7.         DISCLAIMER OF WARRANTIES

(a)       You acknowledge and agree that use of the Game and the Site is at your sole risk. To the maximum extent allowed under applicable law, the Game and the Site and all maintenance, support or other services that relate in any way to the Game or the Site are provided "AS IS," without warranty of any kind, and Nix Hydra, its affiliates and their respective licensors, suppliers, vendors and service providers (including but not limited to Licensors and Game Sellers) expressly disclaim all warranties, express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.  The duration of any implied warranty that is not effectively disclaimed will be limited to the longer of (i) thirty (30) days from the date that you install the Game and (ii) the shortest period allowed under applicable law. Some states / jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. 

(b)         Without limiting the disclaimer provided in Section 7(a) above, Nix Hydra does not warrant that the functions contained in the Game and the Site will meet your requirements or expectations or that the operation of the Game or the Site will be uninterrupted or error-free or that errors in the Game or the Site will be corrected. Further, Nix Hydra does not warrant or make any representations regarding the use or the results of the use of the Game or the Site, including, but not limited to, whether the Game or its use will harm, impair or damage any hardware, software or data. No oral or written information or advice given before or after the date of this Contract by Nix Hydra, any authorized representative of Nix Hydra or any other person will create or be deemed to be any warranty with respect to the Game, the Site or any maintenance, support or other services that relate in any way to the Game or the Site.

(c)       Nix Hydra strongly recommends that you perform a virus and malware check of all software before installation or use and that you back up your important files and data frequently. 

8.         LIMITATION OF LIABILITY

(a)         To the maximum extent permitted by applicable law, neither Nix Hydra nor its affiliates nor its or its affiliates’ licensors, suppliers, vendors or service providers (including but not limited to Licensors and Game Sellers) nor any of their respective officers, directors, owners, employees, agents, suppliers or representatives (collectively, the “Nix Hydra Parties”) will be liable for any special, incidental, consequential or exemplary damages, including, but not limited to, damages for loss of use, lost profits or loss of data or information of any kind, arising out of or in connection with (i) the Game, any Site or any use of either of the foregoing, (ii) any maintenance, support or other services that relate in any way to the Game or the Site or (iii) this Contract, even if any Nix Hydra Party has been advised of the possibility of such damages.  Further, no such licensors, suppliers, vendors or service providers (including but not limited to Licensors and Game Sellers) shall be liable for any direct or other damages of any type arising out of or in connection with the Game or the Site.

(b)       To the maximum extent permitted by applicable law, in no event will the aggregate liability of the Nix Hydra Parties for any claims relating to the Game, the Site, the use thereof or any maintenance, support or other services that relate in any way thereto, or to this Contract, whether sounding in contract, tort or any other theory of liability, exceed, in the aggregate for all claims, the greater of (x) the aggregate amounts that you paid to Nix Hydra in connection with the Game during the one (1)-year period ending when such claim shall first accrue and (y) ten dollars ($10.00).

(c)         Some states / jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

9.         TRANSFER

You do not have the right or power to (i) assign, sell or otherwise transfer your license under this Contract, (ii) grant any sublicense under that license or (iii) distribute, transmit, lease, sell or rent the Game to any other person.  Any purported transaction in violation of this Section 9 will be null and void and of no force or effect.

10.      UPDATES

(a)       After you first install the Game, Nix Hydra may from time to time provide you with (or make available to you) updates, patches, error corrections, Components or new or modified versions for or of the Game (collectively, "Updates"). If Nix Hydra provides you with any Update or makes any Update available to you, then such Update will be deemed part of the Game subject to this Contract (unless it is a Third Party Component excluded from the Game under Section 1(c) above).  Updates may be transmitted to your Device over the Internet or other network and installed on your Device, with or without notice to you and with or without your consent.  You acknowledge and agree that nothing in this Contract obligates Nix Hydra to create any Updates. Further, even if Nix Hydra does create any Updates, nothing in this Contract obligates Nix Hydra to provide or make available to you any of those Updates.  

(b)       You acknowledge and agree that (i) Updates may delete or change features or other aspects of the Game or the Site; (ii) certain Updates may be necessary to allow you to continue to use some or all of the features of the Game or the Site; and (iii) nothing obligates Nix Hydra to create or generally release any Updates at any time. You further acknowledge and agree that you may be required to accept a new end user license agreement and terms of use (to be used in lieu of this Contract) or changes or amendments to this Contract as a condition to receiving or using any Update.

11.      CHANGES

At the time that you license the Game, the Game may include different or fewer functions and features than advertised. Functions and features are subject to further change without notice after you license and install the Game.  You must accept all changes made to the Game, which may include the inability to continue using a feature or function if Nix Hydra elects in its sole discretion to discontinue it.

12.      SEVERABILITY

If any part of this Contract is held invalid or unenforceable, the remaining parts of this Contract shall be unimpaired and remain in full force and effect.  Further, if any part of this Contract is partially enforceable and partially unenforceable, that part shall be enforced to the maximum extent allowed under applicable law.

13.      RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS

(a)         Arbitration of Any And All Disputes (Other Than Certain Specified Intellectual Property Claims). 

(i)  “Dispute” as used in this Section 13 means any dispute arising out of or in any way related to this Contract, any amendments or addenda to this Contract, or the subject matter of this Contract, including but not limited to any contract, tort, statutory or equity claims that relate in any way to (1) this Contract, (2) the Game, (3) any Site, (4) any purchases that you make that relate to the Game or any Site, (5) maintenance, support or other services that relate in any way to the Game, any Site or any such purchases, (6) the use, operation, licensing, distribution, sale, advertising, promotion, transmission, provision or marketing of the Game, any Site, any such purchases or any such services, (7) any transaction that relates in any way to the Game, the Site, such purchases or such services, (8) any claims, statements, promises, descriptions, representations or warranties made in connection with the Game, any Site, any such purchases, any such services or any such transaction, and (9) the use or disclosure of personal information obtained by Company in connection with the Game, any Site, any such purchases, any such transaction or any such services; provided, however, that any claims specifically described in Section 13(a)(viii) below will not be included in the definition of Dispute.          

(ii)  This Section 13 shall apply to the resolution of Disputes.  In the event of any Dispute, the parties are encouraged to attempt to resolve the Dispute by informal means.  If the parties are not able to do so, the Dispute will be reso

lved only by binding arbitration. 

(iii)  Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination.  Any Dispute between Nix Hydra and you will be subject to binding arbitration.

(iv)  The parties expressly agree that there shall be no jury trial or right to a jury trial, or right to any other proceeding to resolve any Dispute in any court.  In the event of any Dispute, both parties agree that this Contract will be governed, both procedurally and substantively, by the Federal Arbitration Act, 9 U.S.C. sections 1-9 ("FAA") to the maximum extent permitted by applicable law.   

(v)  All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties, and any party shall have the right to prevent any actual or threatened breach of this confidentiality provision by temporary, preliminary or permanent injunctive or declaratory relief in an appropriate court of law. 

(vi)  The parties expressly agree that any Dispute is personal to them, and any such Dispute shall only be resolved by an individual arbitration.  Neither party agrees to class arbitration, or an arbitration where a person brings a Dispute as a representative of any other person or persons.  Neither party agrees that a Dispute can be brought as a class or representative action outside of arbitration, or on behalf of any other person or persons.  The parties agree that that a Dispute may only be resolved through an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding. 

(vii)  The arbitration of the Dispute will be administered by the American Arbitration Association (“AAA”) or, in the event the AAA declines or is unable to administer the arbitration, by an arbitration forum or arbitrator that you and Nix Hydra mutually agree upon.  If, after making a reasonable effort, you and Nix Hydra are unable to agree upon an arbitration forum or arbitrator, the AAA or a court having proper jurisdiction will appoint an arbitration forum or arbitrator.  The arbitration will be conducted in accordance with the AAA’s Commercial Arbitration Rules (“Commercial Rules”) and, when deemed appropriate by the arbitration forum or arbitrator, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Consumer Procedures”), or the appropriate rules of any alternative arbitration forum selected by you and Nix Hydra or appointed by a court, subject to the following modifications:

1.  The arbitration will be conducted before a single arbitrator who will be a licensed attorney or a former judge and will have at least 10 years of legal experience in the resolution of commercial disputes.

2.  As limited by the FAA, the terms of this Contract, and the applicable AAA rules, the arbitrator will have the exclusive power and jurisdiction to make all procedural and substantive decisions concerning the Dispute.  This does not include the power to conduct a class arbitration or a representative action, which is prohibited by the terms of this Contract as stated above.  The arbitrator may only conduct an individual arbitration, and may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding, or any proceeding on behalf of or involving more than one person or persons. 

3.  The parties may take discovery through interrogatories, depositions and requests for production that the arbitrator determines to be necessary, with the caveat that each party shall have the right to take the deposition of at least one person for at least one day.

4.  In making any award, the arbitrator will be restricted by the Limitation of Liability provisions in this Contract (Section 8), and will not have jurisdiction to make an award to any party to the arbitration contrary to the Limitation of Liability provisions; provided however that if the enforceability of any of these restrictions is limited by the applicable substantive law or by the AAA rules, that restriction will only be enforced to the extent permitted by such law or rules.

5.  The prevailing party in any of the following matters (without regard to the Limitation of Liability provisions) will be entitled to recover its reasonable attorneys' fees and costs incurred:  (i) a motion which any party is required to make in the courts to compel arbitration of a Dispute; (ii) any appeal of an arbitration award, whether to the arbitrator or the courts, for the purpose of vacating or modifying the award; or (iii) any action to enforce the confidentiality provisions stated herein.

6.  Nix Hydra will pay the amount of any arbitration costs and fees charged by the AAA, subject to the right of Nix Hydra to request that the arbitrator allocate the ultimate responsibility for that fee in a fair and reasonable manner.  Unless the arbitrator finds that you are economically unable to pay a share of the arbitrator’s fee or that it is otherwise inappropriate for you to do so, the arbitrator ultimately may decide that you are responsible for some portion of that fee in the arbitrator’s discretion. 

The AAA rules are available from the AAA, which can be contacted by mail at 1633 Broadway, Floor 10, New York, New York 10019, by telephone at (800) 778-7879, or through its website at www.adr.org.

(viii)  The following claims by you or Nix Hydra shall not be subject to binding arbitration and shall not be submitted to arbitration: (1) claims of infringement or misappropriation of any United States or foreign copyright, patent, trade secret, trademark, service mark or trade dress and (2) claims alleging violations of Title 17 of the United States Code, Sections 1201 and/or 1202, or of any similar foreign law.  For any claims not subject to binding arbitration, neither you nor Nix Hydra will be bound by any decision or award of any arbitrator in connection with the resolution or decision of any question of fact or law required to resolve such claim, including, but not limited to, questions required to decide or rule with respect to the infringement, misappropriation, validity, enforceability or ownership of any copyright, patent, trade secret, trademark, service mark or trade dress or with respect to any remedy or relief at law or in equity for any such infringement or misappropriation or for any violation of such Sections 1201 and/or 1202.

(b)         With the exception of the provision above that the enforceability of this Section 13 of Resolution of Disputes is governed both procedurally and substantively by the FAA to the maximum extent permitted by applicable law, this Contract otherwise will be construed and enforced in accordance with the laws of the State of California and of the United States of America applicable to contracts entered into and performed in California to the maximum extent permitted by law. 

14.      LIMITATION OF TIME PERIOD TO COMMENCE ANY COMPLAINT OR ACTION

Regardless of any statute of limitations or law to the contrary, and to maximum extent permitted by applicable law, any claim or cause of action that constitutes a Dispute as defined in Section 13(a)(i) above must be filed within one (1) year after the date on which the incident giving rise to the Dispute occurred; provided that, if the substantive law applicable to the arbitration prohibits the parties from agreeing to this limitations period, then the limitations period under the applicable substantive law shall control.  The failure of a party to file an arbitration claim within the applicable limitations period shall constitute a waiver by that party of its right to bring such a claim in any form, and a complete bar to any claim based on any Dispute, and the arbitrator shall not have jurisdiction to make a determination for a party that has not brought its claim within this applicable limitations period. 

15.      PERSONAL INFORMATION

Nix Hydra respects your privacy.  Please see Nix Hydra’s privacy policy (http://www.nixhydra.com/privacypolicy) for more information about Nix Hydra’s collection and use of personal information.

16.      THIRD-PARTY BENEFICIARY

The Game includes computer programming code or other Components licensed by Nix Hydra from third parties (“Licensors”).  Further, the Game may be purchased and downloaded by you from an application store or other third party (“Game Seller”). Licensors and Game Sellers are beneficiaries of, and will have the right to enforce against you, all of your obligations under this Contract to the extent that those obligations relate to any computer programming code or other Components of those Licensors or to sales made or services provided by those Game Sellers. 

17.      ENTIRE AGREEMENT; WAIVER

This Contract is the entire agreement between you and Nix Hydra relating to the subject matter of this Contract. It supersedes any prior oral or written communication and any contemporaneous oral communication relating to that subject matter.  Further, there being no expectations to the contrary between you and Nix Hydra, no usage of trade or other regular practice or method of dealing between you and Nix Hydra will be used to modify, interpret, supplement or alter in any manner any express terms of this Contract.  No waiver of any provision of this Contract or any rights or obligations of either you or Nix Hydra under this Contract will be effective, except when done in a writing signed by the party granting the waiver, and any waiver will be effective only in the specific instance and for the specific purpose stated in that writing.  This Contract is solely between Nix Huyra and you.  No supplier, vendor, Game Seller or Licensor of Nix Hydra has or shall have any liability or obligation under this Contract.

18.      AMENDMENTS

This Agreement shall not be amended except (i) pursuant to a wiring signed by both of the parties, (ii) as provided in Section 10 and (iii) as provided in this Section 18.  Nix Hydra may propose amendments to this Contract at any time and from time to time.  You will be given the opportunity to review and accept or reject any such amendment proposed by Nix Hydra.  However, you acknowledge and agree that if you do not accept a proposed amendment, you may no longer be able to play the Game or otherwise use any Nix Hydra product or Site.

 19.     THIRD-PARTY COMPONENTS

The following Third Party Components are included in the Game and are subject to their own additional terms and licenses as described.  This list is not considered to be a complete list of Third Party Components in the Game and may be added to or modified.

(a)       Open SSL

            (i) Copyright (c) 1998-2011 The OpenSSL Project.  All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. All advertising materials mentioning features or use of this software must display the following acknowledgment:

"This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)"

4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org.

5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project.

6. Redistributions of any form whatsoever must retain the following acknowledgment:

"This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"

THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

            (ii) Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com). All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyrightnotice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. All advertising materials mentioning features or use of this software must display the following acknowledgement:

"This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)"

The word 'cryptographic' can be left out if the rouines from the library being used are not cryptographic related :-).

4. If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement:

"This product includes software written by Tim Hudson (tjh@cryptsoft.com)"

THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The licence and distribution terms for any publically available version or derivative of this code cannot be changed.  i.e. this code cannot simply be copied and put under another distribution licence [including the GNU Public Licence.]

(b)       UUID/GUID String Generator for Corona/Lua

            (i) Copyright (c) Frank Siebenlist. All rights reserved.

Eclipse Public License 1.0 (http://opensource.org/licenses/eclipse-1.0.php)

Source code for this Third Party Component may be found at http://developer.coronalabs.com/code/uuidguid-string-generator-coronalua

(c)       AppLovin Plug-in Component for Corona

            (i) Copyright (c) 2013 Binary Pumpkin Ltd

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

(d)       Bitwise Operator

            (i) Copyright (C) 2010 ANSCA Inc. All Rights Reserved.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

(e)       Tween.lua

            (i) Copyright (c) 2011, Enrique García Cota. All rights reserved.

Redistribution and use in source and binary forms, with or without modification,

are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. Neither the name of tween.lua nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,

BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

(f)        BinDecHex.lua

            (i) Copyright (c) 2007 Tim Kelly/Dialectronics

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

If you have any questions or want to contact us for any reason, please write us at the following address:

Nix Hydra Games, Inc.
Attn: Customer Service
1125 West 6th Street

Suite #500

Los Angeles, CA90017
Email: support@nixhydragames.com