Terms & Conditions

END USER LICENSE AGREEMENT

Last updated January 03, 2022

FPS Commando Strike Shooting is licensed to You (End-User) by The GamyTune, located and registered at 915 Travis Ave,

Staten Island, New York 10314, United States (hereinafter: Licensor), for use only under the terms of this License

Agreement.

By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement),

You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept

this License Agreement.

The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by

any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. The

GamyTune, not Apple, is solely responsible for the licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store

is not conflicting with them.

All rights not expressly granted to You are reserved.

1. THE APPLICATION

FPS Commando Strike Shooting (hereinafter: Application) is a piece of software created to For Entertainment - and

customized for Apple mobile devices. It is used to FPS Commando Strike Shooting.

The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability

Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to

such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-

Bliley Act (GLBA).

2. SCOPE OF LICENSE

2.1 Licensor reserves the right to modify the terms and conditions of licensing.

3. TECHNICAL REQUIREMENTS

3.1 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You

can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.

4.2 The GamyTune and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance

and support services with respect to the licensed Application.

5. USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your

personal information, and that Licensor's use of such material and information is subject to Your legal agreements with

Licensor and Licensor's privacy policy:

6. USER GENERATED CONTRIBUTIONS

The Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit,

post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including

but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or

other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application and through

third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the

Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of

your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent,

trademark, trade secret, or moral rights of any third party.

2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use

and to authorize us, the Application, and other users of the Application to use your Contributions in any manner

contemplated by the Application and these Terms of Use.

3. You have the written consent, release, and/or permission of each and every identifiable individual person in your

Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and

use of your Contributions in any manner contemplated by the Application and these Terms of Use.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain

letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise

objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to

promote violence against a specific person or class of people.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect

the health or well-being of minors.

12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual

preference, or physical handicap.

13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or

any applicable law or regulation.

Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things,

termination or suspension of your rights to use the Application.

7. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the

terms of the Privacy Policy and your choices (including settings).

By submitting suggestions of other feedback regarding the Application, you agree that we can use and share such feedback

for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any

intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any

statements or representations in your Contributions provided by you in any area in the Application. You are solely

responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility

and to refrain from any legal action against us regarding your Contributions.

8. LIABILITY

8.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence.

Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight

negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned

above does not apply to injuries to life, limb, or health.

9. WARRANTY

9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of

Your download. Licensor warrants that the Application works as described in the user documentation.

9.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified,

handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate

accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of The GamyTune's sphere

of influence that affect the executability of the Application.

9.3 You are required to inspect the Application immediately after installing it and notify The GamyTune about issues

discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further

investigated if it has been mailed within a period of days after discovery.

9.4 If we confirm that the Application is defective, The GamyTune reserves a choice to remedy the situation either by means

of solving the defect or substitute delivery.

9.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-

Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law,

the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses,

claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.

9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve

(12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for

users who are consumers.

10. PRODUCT CLAIMS

The GamyTune and the End-User acknowledge that The GamyTune, and not Apple, is responsible for addressing any claims

of the End-User or any third party relating to the licensed Application or the End-User's possession and/or use of that

licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed

Application’s use of the HealthKit and Homekit.

11. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has

been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S.

Government list of prohibited or restricted parties.

12. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:

915 Travis Ave

Staten Island, NY 10314

United States

gamytune@gmail.com

13. TERMINATION

The license is valid until terminated by The GamyTune or by You. Your rights under this license will terminate automatically

and without notice from The GamyTune if ‘You fail to adhere to any term(s) of this license. Upon License termination, You

shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

The GamyTune represents and warrants that The GamyTune will comply with applicable third-party terms of agreement

when using licensed Application.

In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple

and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance

of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the

right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

15. INTELLECTUAL PROPERTY RIGHTS

The GamyTune and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the

End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, The

GamyTune , and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such

intellectual property infringement claims.

16. APPLICABLE LAW

This license agreement is governed by the laws of the State of New York excluding its conflicts of law rules.

17. MISCELLANEOUS

17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be

affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only

be waived in writing.