Sebastian Hamilton Terms of Service
<![if !supportLists]>1. <![endif]>Introduction
Please read these Terms carefully because they govern your access to and use of our Services, Sebastian Hamilton Content and User Generated Content(defined below) and are legally binding. If you do not agree to these Terms then please do not access, purchase or use our Services.
Games means any games developed and/or made available by us, whether existing now or in the future.
1.2 YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING OUR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT ON OR THROUGH OUR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THERE TERMS. IF YOU DO NOT AGREE TO THESE TEAMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE OUR SERVICES OR Sebastian Hamilton CONTENT(DEFINED BELOW).
1.3 About you: By using the Services, you agree that you are at least 18 years of age(or age of majority otherwise determined in your country of residency), or, if you are younger than 18 years of age(or age of majority otherwise determined in your country of residency) that you have reviewed these Terms with your parent(s) or guardian(s) and they have agreed to these Terms on your behalf and they take full responsibility for your compliance with them. If we are informed by a parent/guardian that their child has misrepresented their age when registering for our Games or Services, we will Stop the Account provided once we have the information which satisfies us that the reporting person is indeed the parent or guardian of that child.
<![if !supportLists]>2. <![endif]>Modification
Sebastian Hamilton reserves the right, at its sole discretion, to modify, discontinue or terminate our Services, including any portion thereof, on a globe or individual basis, or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post these Terms as modified or otherwise provide you with notice of the modification. It is your responsibility to check these Terms regularly before using any of our Services. By continuing to access or use our Services after we have posted a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using our Services.
<![if !supportLists]>3. <![endif]>Account
3.1 To use certain of our Services you may be required to create an account with us and/or with the third party platform operator e.g.Apple or Google (Account). To create an Account, you must provide truthful and accurate information about yourself on the Account registration page and keep that information up-to-date. You may not share your Account with others and are solely responsible for keeping the login credentials to your Account confidential. You are responsible for all activities associated with your Account. We may Stop your Account or permanently remove any content or Virtual Items from any of our Services at our reasonable discretion if we have reasonable grounds for believing you have violated any of these Terms. References to “Stopping” or to “Stop” an Account includes temporarily or permanently disabling, suspending, banning or muting an Account. If your Account is muted, you can continue to play but will not be able to use free text chat during the relevant muting period. If your Account is disabled or banned, you will no longer be able to access your Account and any licenses previously granted to you to use our Games and Services will be either temporarily or permanently revoked. THIS MEANS YOU WILL LOSE YOUR ACCOUNT, CHARACTERS AND ANY IN-GAME ITEMS OR CURRENCY. More information about when we may Stop your Account can be found in section 3.2 of these Terms.
3.2 If, acting reasonably, we consider that: (i) these Terms have or may have been breached or may likely be breached by you; and/or (ii) you have committed fraudulent, unlawful or abusive activity including any breach or suspected breach of the rules of conduct set out in section 7 of these Terms; and/or (iii) it is necessary in order to prevent or stop any harm or damage to us, to any our Games or Services, to other players, the general public or to you, then it is in our reasonable sole discretion, that we may at any time: (i) Stop (as defined) any part or all of your Accounts; (ii) restrict your access to any content-uploading or other features of our Games or Services; and/or (iii) restrict your access to or delete Virtual Items or anything you have acquired by means of Virtual Items.
3.3 If we take any of the above actions, you may raise your concern by contacting our customer services via Email: http://Sebastian Hamiltongames.com/.
3.4 We do not guarantee the ongoing supply of any games or services or that content will be available at all times, in all locations, or at any given time or that will continue to offer such games, services and content for a particular length of time.
<![if !supportLists]>4. <![endif]>License
4.1 Our Services, Games, Accounts, Virtual Items and all related materials (including without limitation, software, code, information, content, data, text, characters, music, sounds, videos) made available by us or on our behalf and all related copyright and other intellectual property rights in such Services, Games, Virtual Items and materials (together Content) are licensed, not sold, to you under these Terms. Subject to your strict compliance with these Terms, we grant you a limited, non-transferable, non-sub-licensable, revocable and non-exclusive license to use our Content for your own personal and non-commercial use. If you breach any of these Terms, we may immediately terminate or suspend any license to you at our sole discretion acting reasonably. You acknowledge that all intellectual property and other rights in the Content are and will remain our sole property and that you will have no ownership, title or other proprietary interest in and to the Content, regardless of whether you ‘earned’ or ‘purchased’ such Content.
<![if !supportLists]>5. <![endif]>Content
5.1 Certain types of content are made available on or through our services:
5.1.1 User Generated Content means text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by a Member on or through our Services.
5.1.2 Sebastian Hamilton Content means text, data, graphics, images, illustrations, forms, documents, marketing materials, look and feel illustrations, Sebastian Hamilton or our licensors' trademarks and logos, Sebastian Hamilton Applications and Third-Party Applications, and other content made available by Sebastian Hamilton on or through our Services, including any Customizations but excluding User Generated Content.
<![if !supportLists]>6. <![endif]>Your Legal Obligations And Promises To Us
6.1 You confirm that:
6.1.1 all information and details provided by you are true, accurate and up-to- The rights granted under these Terms are strictly personal to you and you must not make the Services or your password(s) available to anyone else; and
6.1.2 you will comply with the rules of conduct relating to your use of the Services and/or Virtual Items as set out in Sections 7, 8 and 9 and any other restrictions set out elsewhere in these Terms.
6.2 You agree to compensate us where we pay damages or incur any other losses or expenses (including legal fees) in respect of any claim made by a third party due to your breach of these Terms or contrary to any other laws and regulators or the rights of a third party.
<![if !supportLists]>7. <![endif]>Rules Of Conduct And Your Use Of The Services
7.1 You acknowledge our rules of conduct and agree that in using the Services (including the creation of User Generated Content (USG)) you will not:
7.1.1 use or allow the use of the Services for any purpose or activity that is illegal, unlawful or in breach of these Terms,public orders and moral restrictions;
7.1.2 reproduce, distribute, publicly display or perform, translate, modify, adapt, create, derivate works from, deconstruct, reverse engineer, decompile or disassemble, in any manner the Services, source code in the Services or any portion thereof for commercial purpose without our prior consent;
7.1.3 sell, rent, lease, share or provide access to your Account or access or attempt to access the Accounts of other users or penetrate or attempt to penetrate any security measures relating to the Services;
7.1.4 partake in any behaviour that we may deem inappropriate and disruptive, or against the tone and nature of the Services;
7.1.5 where user-generated content or an online community exists or otherwise harass, threaten, embarrass, spam or do anything else to another person that is unwanted, such as repeatedly sending unsolicited messages or making personal attacks, comments or statements about race, sexual orientation or religion; organize or participate in any activity or group that is harmful, abusive, offensive, obscene, threatening, bullying, manipulative, vulgar, sexually explicit (including nudity and any form of inappropriate exposure), defamatory, invasive of personal privacy or encourages conduct that would violate a law or in a reasonable person’s view be considered objectionable and/or inappropriate;
7.1.6 use abusive, offensive, or defamatory screen names and/or personas, whether created through Services or through third party devices connected to Services;
7.1.7 impersonate any other person, or indicate falsely that you are an employee or a representative of us or any of our partners or affiliates;
7.1.8 promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or counterfeit or legitimate Virtual Items;
7.1.9 upload any files that contain a virus, trojan, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt any of the Services;
7.1.10 make improper, false or spurious reports to us;
7.1.11 use our Services to build any service or game that may disadvantage or compete with our Services or assist another person in building a service or game that would disadvantage or compete with our Services;
7.1.12 probe, scan or test the vulnerability of our Services, or circumvent or breach the security or authentication measures of our Services;
7.1.13 improperly use in-game support or complaint buttons or make false reports to us;
7.1.14 use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, ‘data mine’ or in any way reproduce or circumvent the content, navigational structure or presentation of our Services;
7.1.15 sell, buy, trade or otherwise transfer or offer to transfer your Account, any personal access to our Services, or content associated with your Account, including Virtual Items, either within our Services or on a third-party website, or in connection with any out-of-game transaction;
7.1.16 apply for refund maliciously or take advantage of rules of third-party platforms for unjust enrichment or discuss and propagate third-party channels;
7.1.17 take advantage of the price differential of Virtual Currency or Virtual Items to make profit by buying and/or selling Virtual Currency and/or Virtual Items from/in different territories;
7.1.18 exploit the Services, for any commercial purpose, including without limitation (a) using at a cyber cafe, computer gaming centre or any other location-based site; (b) gathering Virtual Items, Virtual Currency, or other in-game resources for sale outside the Game; or (c)performing in-game services in exchange for payment outside the Game, e.g., power-levelling;
7.1.19 Use the Services for political or religious reasons;
7.1.20 Infringe other third parties’ rights including but not limited to intellectual property rights;Promote, encourage, or help others to take part in any prohibited activity described above.
7.1.21 under any circumstances, use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Sebastian Hamilton experience, or the Sebastian Hamilton operations team might temporarily ban or permanently remove your account.
7.1.22 publish information in relation to the following aspects: Opposing constitutional principles; Endangering national security, disclosing national secrets, overthrowing national sovereign or destroying national unity; Damaging national credit or profit;Stirring up ethnic feud or discrimination; Violating national religious policies or disseminating evil cults or superstitions; Spreading rumors, disturbing social order or demolishing social stability; Spreading obscene, erotic, gambling, violence, murder, horrible or abetment information; Humiliating, slandering, or infringing others; Containing other inhibitory information; Infringing intellectual property rights or public or private rights of any third party; Offending common morals and conventions; Advertising unless otherwise licensed by Sebastian Hamilton operation team. Accounts and roles of Players and nicknames in Game forum shall not fall into any above item either.
7.2 Players shall be responsible for account and password disclosure due to personal negligence.
7.3 Players shall take charge of activities and events occurred under their accounts, comply with laws, rules and regulations in connection with online information publishing, as well as widely applicable Internet ethics, and be responsible for what they publish.
7.4 To the extent the Services functionality technically permits, you shall not post or communicate any person’s “real world” personal information whilst using the Services, particularly not in any chat rooms or forums.
7.5 We reserve the right to access, monitor and/or record any online activities within our Services and by acceptance of these Terms you give us your express consent to access and record your activities.
7.6 Any breach of the above rules of conduct shall be determined by us at our discretion, acting reasonably in all circumstances.
<![if !supportLists]>8. <![endif]>User Generated Content (UGC)
8.1 By making available any User Content on or through our Services, you hereby grant to Sebastian Hamilton a worldwide, irrevocable, perpetual, nonexclusive, transferable, royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Generated Content only on, through or by means of our Services. Sebastian Hamilton does not claim any ownership rights in any such User Generated Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Generated Content.
8.2 You acknowledge and agree that you are solely responsible for a User Generated Content that you make available on or through our Services. Accordingly, you represent and warrant that: you either are the sole and exclusive owner of all User Generated Content that you make available on or through our Services or you have all rights, licenses, consents and releases that are necessary to grant to Sebastian Hamilton the rights in such User Generated Content as contemplated under these Terms; and neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Generated Content or Sebastian Hamilton' use of the User Generated Content (or any portion thereof) on, through or by means of our Services will infringe, misappropriate or violate a third party's Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
<![if !supportLists]>9. <![endif]>Virtual Items and Virtual Currency
9.1 Sebastian Hamilton owns, has licensed, or otherwise has the rights to use all Sebastian Hamilton Content appearing or originating in the Services, Sebastian Hamilton Applications or Third-Party Applications, including virtual items (“Virtual Items”) and virtual currency (“Virtual Currency”). Virtual Items and Virtual Currency are provided solely for your personal and entertainment use, they may only be used in Sebastian Hamilton Applications or Third-Party Applications, and they have no “real world” value. By purchasing or receiving Virtual Items and Virtual Currency all that you receive is a limited license to use them in Sebastian Hamilton Applications or Third Party Applications by these Terms or such other terms as may apply; Virtual Items and Virtual Currency are not your personal property and no ownership interest in them is transferred to you. The prices for and the amounts and kinds of Virtual Items and Virtual Currency available may be changed at any time without notice. Virtual Items and Virtual Currency that you receive may also be changed or discontinued at any time without notice.
9.2 You cannot sell or transfer, or attempt to sell or transfer, Virtual Items or Virtual Currency, except only that where allowed you can exchange, within the Services, Sebastian Hamilton Applications, and Third-Party Applications, those Virtual Items and Virtual Currency that cannot be purchased with “real world” money (“Tradable Items”) for other Tradable Items so long as no money or anything of monetary value is paid or given for Tradable Items; any other purported or attempted exchange is strictly prohibited. Virtual Items and Virtual Currency may never be redeemed by you for “real world” money, goods, wares, merchandise, services, or anything of monetary value from Sebastian Hamilton or any other person.
<![if !supportLists]>10. <![endif]>No Infringing Use.
You will not use Sebastian Hamilton’ Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise infringes, violates, or promotes the infringement or violation of the Intellectual Property Rights of any third party.
<![if !supportLists]>11. <![endif]>Price, Payment And Tax
11.1 YOU AGREE THAT IF YOU ARE UNDER THE AGE OF 18 OR WHATEVER IS THE AGE OF LEGAL MAJORITY WHERE YOU ACCESS THE SERVICES, YOU MAY MAKE PAYMENTS ONLY WITH THE INVOLVEMENT OF YOUR LEGAL GUARDIAN, AND YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS READ, UNDERSTOOD, AND AGREED TO THESE TERMS.
11.2 We aim to ensure that the pricing of our Services (including Virtual Items, Games and any other goods and services available via third-party stores or on our store) are correct at all times. However, the Game and website pages may not always accurately reflect the correct details at the moment at which you place your order. We also reserve the right to change prices without prior notice at any time before the formation of the contract. We cannot confirm the price of an item until your order is accepted.
11.3 All credit and charge card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, your order will not be accepted and we will not be liable for any delay or non-delivery.
11.4 It is your own responsibility and you must comply with the terms and conditions applicable to your chosen payment method, as set by the payment provider. We may add or remove any payment methods in relation to our Services at our sole discretion and without prior notice to you.
11.5 You are responsible for and will pay all fees and applicable taxes incurred by you or anyone using a Sebastian Hamilton Account registered to you.
<![if !supportLists]>12. <![endif]>Contract
All purchase orders are subject to acceptance by us and availability of the Services. If your order cannot be processed successfully, you can contact Customer Service Support and you will be notified of the reason and receive an explanation, if possible. Please note that this acknowledgement email/message does not mean that your order has been accepted–your order merely constitutes an offer to us to purchase the Services. All orders are subject to acceptance by us. When we make the Services available e.g. as a download, this represents our legal acceptance of the offer you made to purchase the Services and the contract between us will then be formed (and we or the third party platform or service provider will debit your account).
<![if !supportLists]>13. <![endif]>Withdraw And Refund Policy
<![if !supportLists]>1. <![endif]> Unless explicitly required by applicable laws of the country where you live or work, we will not refund any amounts paid when: (i) you have been the victim of in-game scamming (however, we will try to assist you to recover your Account); (ii) your Account has been canceled or suspended as a result of you violating these Terms; (iii) you have used unauthorized software to access our Games and Services without our permission; (iv) we no longer offer offering any of the Virtual Items, Games or Services for any reason or (v) you decided yourself to cancel your Account or you purchase.
If there is misunderstanding, dissatisfaction, suggestion or other appeal to Sebastian Hamilton Services, you can report to us by sending mail to support team. If players refund through other methods without notifying Sebastian Hamilton to deduct corresponding items from the recharge, we may send warning, deduct values, freeze or confiscate account items, freeze part of the account function or ban account temporarily or permanently, delete files, etc.
<![if !supportLists]>14. <![endif]>Availability And Functionality
14.1 We reserve the right to limit the amount of Virtual Items you can purchase in a given period. Virtual Items may only be purchased and used by players in jurisdictions where such activities are permitted under applicable law. Virtual Items may only be purchased from us or our permitted representatives through the Games or otherwise expressly authorized. We reserve the right to refuse any request to purchase Virtual Items for any reason.
14.2 We will use reasonable endeavors to maintain the operation of the Games and Services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, our Games and Services and we may occasionally have to suspend operations of certain Games or particular Services, with notice whenever reasonably possible, for repair, maintenance, improvement, security or any other reason, provided that we will do our best to make any such suspension or interruption period as short as possible. We do not accept any responsibility for suspensions, interruptions or errors caused by external forces or circumstances outside our reasonable control.
14.3 We cannot guarantee that our Games or any part of our Services will be compatible with or capable of being accessed on all devices, platforms, operating systems or equipment, or in conjunction with any particular software or connectivity services not approved by us. We do not accept responsibility for any such equipment, software or services. We do not guarantee that our Services can be accessed in all geographic locations.
<![if !supportLists]>15. <![endif]>Chargebacks
We may cancel a payment and make a chargeback to you, including any transaction fees incurred, if any, if we have reason to believe any purchase is incomplete or any purchase is made, or we suspect it is made fraudulently or in an otherwise non-bona fide manner.
<![if !supportLists]>16. <![endif]>Payment Methods
Payment methods accepted by us are as per those payment methods provided on our store site and by the third-party platform providers such as Apple and Google within our Games at the point of sale.
<![if !supportLists]>17. <![endif]>Intellectual Property
17.1 All copyrights and patent rights of all information, material and techniques (including software), trademarks, trade secrets, and other intellectual property rights are owned by Sebastian Hamilton. Sebastian Hamilton official products and services are provided for individual Players for non-commercial purposes. Any party shall not modify, copy, spread, send, display, execute, issue, license, transfer or sell any concerning information, material, software, products or services, or produce derivative works unless otherwise authorized by the official or its oblige in advance. On the condition that a Player fails to comply with the above regulation, the official may immediately stop providing products or services for the Player and the Player must destroy all acquired concerning information, material, software or products at once.
17.2 You acknowledge that all intellectual property rights in the Services, Games and Virtual Items and all content appearing within the Services, Games and Virtual Items belongs to us, our licensees or affiliates and that such rights are merely licensed to you and you do not acquire any ownership rights in the Services, Games and Virtual Items or any other part of them other than the right to use the Services, Games and Virtual Items under the terms of this licence.
17.3 Any use by you of any of our intellectual property other than as permitted under these Terms may only be undertaken with our prior express written authorization. Nothing contained within these Terms shall be construed as conferring any right, whether by implication or otherwise, to use any of our intellectual property in the Services, Games and Virtual Items other than as expressly permitted in these Terms.
17.4 We reserve the right to stop offering you any of our Games and/or Services at any time either permanently or temporarily, at which point any license previously granted to you to use the Games and/or Services or a part thereof will be automatically terminated or suspended and your Account will no longer be available and be Stopped. Prior to stopping the availability of any of our Games and/or Services, we will use our reasonable efforts to notify before such Games and Services become unavailable. Notification may be given via our websites, push notification, alert, email or other messages. In such an event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of our Games and/or Services unless required otherwise by law.
<![if !supportLists]>18. <![endif]>Suspension And Termination of Account
18.1 Acting reasonably, we may suspend, restrict or terminate your access to the Games, Virtual Items and/or any other part of the Services and consequently suspend or terminate the licence granted to you under these Terms, if:
18.1.1 you breach of any of the restrictions or provisions in these Terms;
18.1.2 for reasons of a system failure, maintenance or repair or due to events beyond our reasonable control; and/or
18.1.3 we decide to withdraw the Game(s), Virtual Items and/or any other part of the Services from the market for any reason at our sole discretion, acting reasonably.
18.2 We will strive to always give you an initial warning and notice prior to terminating or deleting your access to our Games, Virtual Items and/or any other Services. But if you have seriously or repeatedly breached our Terms or have been issued with previous warnings, we may move directly to terminating the contract with you under these Terms and your license to access our Games, Virtual Items and/or any other part of the. Under such circumstances we will notify you by email or within the app, website or channel as appropriate subject to Section 21. Upon termination the rights and licence granted herein will be terminated and you shall cease all use of the applicable Games, Virtual Items and/or any other part of the Services. If we decide to withdraw Game(s), Virtual Items and/or any other part of the Services from the market, we’ll strive to notify you in advance prior to withdrawing access by email or within the app, website or channel other part of the Services as appropriate subject to Section 21.
18.3 You understand and agree that upon your request to terminate your account or our final decision to terminate your account, you will not receive any compensation or reimbursement for any Virtual Items for any reason, whether such termination was voluntary or involuntary, unless otherwise required by applicable law or policy in your country of residency.
<![if !supportLists]>19. <![endif]>Effects of Suspension, Termination of Account
19.1 Upon termination of your Sebastian Hamilton Account for any reason by you or us, you will lose all access to such account. Terminated Sebastian Hamilton Accounts cannot be reinstated; any Sebastian Hamilton Account that may be registered by you after termination of a Sebastian Hamilton Account is a unique account.
19.2 If your Sebastian Hamilton Account is terminated for any reason by you or us, you understand and agree that any Virtual Items to which you had access via your Sebastian Hamilton Account at the time of termination will be lost and no longer be available to you, and you will have no right to them. If your Sebastian Hamilton Account is terminated for any reason by you or us, you understand and agree that Sebastian Hamilton may redeem and use the Virtual Currency in the Sebastian Hamilton Account at the time of termination for any purpose that it may choose, and that on termination you will have no right to that Virtual Currency.
19.3 YOU AGREE THAT Sebastian Hamilton IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS OR VIRTUAL CURRENCY IN AN INACTIVE ACCOUNT OR THAT WAS IN A TERMINATED Sebastian Hamilton ACCOUNT, NO MATTER HOW EITHER CAME ABOUT. After any termination, you understand and acknowledge that we will have no further obligation to provide our Services and all licenses and other rights granted to you by these Terms will immediately cease. Sebastian Hamilton will not be liable to you or any third party for termination of our Services or termination of your use of our Services.
19.4 UPON ANY TERMINATION OR SUSPENSION OF YOUR Sebastian Hamilton ACCOUNT, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON OUR SERVICES OR THAT WHICH IS RELATED TO YOUR Sebastian Hamilton ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Sebastian Hamilton will have no obligation to maintain any information stored in our database related to your Sebastian Hamilton Account or to forward any information to you or any third party. Any suspension, termination or cancellation will not affect your obligations to Sebastian Hamilton under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
<![if !supportLists]>20. <![endif]>Updates
20.1 You agree that the Games and any aspect of the Services may automatically download and install updates, upgrades and additional features that we deem reasonably necessary and/or beneficial to our business, operations or to you. These Terms shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.