Terms of Service

RECITALS

Whereas, this Terms of Service agreement establishes the terms and conditions governing the limited license granted by Three Merged Pte. Ltd., and its affiliated partners with rights to the Software, collectively referred to as "we" or "us," for your personal utilization of the Software. Upon installation of the Software on one or more computers owned by you or under your control, this Terms of Service agreement governs the acquisition, utilization, and disclosure of your personal information associated with your use of the Software.

Whereas, the objective of this Terms of Service agreement is to ensure your understanding of the management of your personal information and to inform you of your rights and obligations regarding said information while engaging with the Software. It is crucial to acknowledge that this License Agreement does not constitute a sale of the Software, nor does it entail any transfer of ownership rights to you. The license granted is strictly for personal use, with all intellectual property rights relating to the Software remaining the property of Three Merged Pte. Ltd. and its partners.

Whereas, by opting to use the Software, you explicitly consent to the collection, utilization, and disclosure of your personal information as outlined in this Terms of Service agreement. In the event of disagreement with these terms, it is advised that you abstain from using the Software.

The New Order is a distributed shooter game application that runs on the Blockchain network(s), using specially-developed smart contracts (each, a “Smart Contract”) to ultimately enable users to own, transfer, purchase, store, and engage in sales of unique digital assets, which can then be visualized on a website (the “Site”) and The New Order game application (the “TNO Client”) that the user can interact with.

The TNO Client, smart contracts, and the Sites are collectively referred to in these Terms as the “App(s)” hereafter. Using the Apps, users can view their digital assets and use the Smart Contracts to transact on the blockchain network.

Three Merged Pte Ltd., Reality MagiQ Inc., subsidiaries, joint ventures, or other companies under common control and making the Apps available to you are collectively referred to in these Terms and Privacy Policy as the “We” or “Us” hereafter. Before you use the App, the Smart Contracts, or the Site, however, you will need to agree to these Terms of Use and any terms and conditions incorporated herein by reference (collectively, these “Terms").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APPS. THESE TERMS GOVERN YOUR USE OF THE APPS UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE APPS AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE APPS OR ANY PART OF THEM, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY.

YOUR CONTINUED USE OF THE APPS CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND ANY FUTURE REVISIONS.

1. DEFINITIONS

“NFT” for the purposes of this Term, shall refer to a non-fungible token, which is a unique digital asset recorded on a blockchain network, representing ownership of a specific item, artwork, or digital content, and cannot be exchanged on a one-to-one basis with another token due to its distinct characteristics and individual value.

"Account(s)" or “Game Account(s)” for the purposes of this Term, shall encompass any credential registered by you with the Apps for the purpose of accessing the Apps. You must expressly acknowledge that the Account is intended for the exclusive use of a single individual and shall not be shared with or accessed by more than one individual.

“Wallet” or "Blockchain Wallet" for the purposes of this Term, shall mean a digital wallet that allows individuals to securely store, manage, and transact various types of cryptocurrencies or digital assets on a blockchain network. It operates by generating and storing private keys that enable the wallet holder to access and control their digital assets on the blockchain. The blockchain wallet facilitates the creation and signing of transactions, providing a secure and decentralized method for users to interact with their cryptocurrencies or digital assets while maintaining control over their private keys.

"Wallet Address(es)" or "Public Address(es)" for the context of this Term shall refer to unique public address(es) comprising alphanumeric characters that are commonly employed as identifiers on a blockchain network. These Public Addresses serve as cryptographic representations of digital wallets, enabling the receipt and transmission of various cryptocurrencies or digital assets. It is crucial to note that any transactions conducted through the Wallet Addresses must be controlled and executed exclusively by an individual who possesses and retains control over the associated private keys.

2. THE APPS

A. Transactions that take place on the Apps are managed and confirmed via Ethereum and/or other similar blockchain technologies (the “Blockchain network(s)”). You understand that your public address will be made publicly visible whenever you engage in a transaction on the App.

B. We neither own nor control MetaMask, Coinbase, Google Chrome, blockchain network, or any other third-party sites, products, or services that you might access, visit, or use for the purpose of enabling you to use the various features of the App. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.

C. You may be required to register with the Apps by providing the required identifier and a password. It is your responsibility to maintain the confidentiality of the identifier and the password, and you will be held accountable for all activities conducted using your Account. We reserve the right to remove, reclaim, or alter any chosen username if we deem it inappropriate, obscene, or objectionable in our sole discretion. In the event of any unauthorized use of your password or Account, you agree to promptly notify us at [e-mail].

Additionally, the Apps do not permit the replacement, modification, or alteration of the registered email address.

D. For the avoidance of doubt, the term "Account" shall encompass any credential registered by you with the Apps for the purpose of accessing the Apps. You must expressly acknowledge that the Account is intended for the exclusive use of a single individual and shall not be shared with or accessed by more than one individual.

E. For the scope of this Term, the safeguarding of the Apps and its users’ integrity and equity necessitates that any "Wallet" using the Apps shall unequivocally belong to an individual who possesses and retains control over the private key associated with the Wallet. Additionally, it is explicitly mandated that the Wallet holder is prohibited from connecting the Wallet with Game Accounts other than those directly under their control. To clarify, the ownership of the Wallet or its Wallet Address and the connected Game Accounts must match at all times.

3. PROHIBITED ACTIVITIES

By accessing or using the Apps and/or any TNO service, you hereby acknowledge and agree to utilize them solely for their intended purpose as defined and provided by us. Any utilization of the Apps in connection with commercial activities or abusive endeavors is strictly prohibited, unless such usage is explicitly endorsed, officially offered, and approved by us in writing (the “Prohibited Activities”). It is essential to note that the list of activities presented herewith is intended to serve as illustrative examples and shall not be deemed exhaustive, thereby not limiting the scope of other prohibited actions.

Systematically retrieve data or other content from the Site, the App, and the Smart Contracts to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Make any unauthorized use of the Site, the App, and the Smart Contracts, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user Accounts by automated means or under false pretenses.

Use a buying agent or purchasing agent to make purchases on the Site, the App, and the Smart Contracts.

Use the Site, the App, and the Smart Contracts to advertise or offer to sell goods and services.

Circumvent, disable, or otherwise interfere with security-related features of the Site, the App, and the Smart Contracts, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site, the App, and the Smart Contracts and/or the Content contained therein.

Engage in unauthorized framing of or linking to the Site, the App, and the Smart Contracts.

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive Account information such as user passwords.

Use any cheats, hacks, or any other unauthorized techniques or unauthorized third-party software to cheat in any competition or game that may be offered on the Apps, or to otherwise disrupt or modify the Apps or the experience of any users on the Apps

Make improper use of our support services or submit false reports of abuse or misconduct.

Engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.

Interfere with, disrupt, or create an undue burden on the Site, the App and the Smart Contracts, or the networks or services connected to the Site.

Attempt to impersonate another user or person or use the username of another user.

Sell, resell, rent, share, or provide access to their game Accounts to third parties, or create a game Account for someone else or create a game Account in a name other than their own.

Use any information obtained from the Site, the App, and the Smart Contracts in order to harass, abuse, or harm another person.

Use the Site, the App, and the Smart Contracts as part of any effort to compete with us or otherwise use the Site, the App, and the Smart Contracts and/or the Content for any revenue-generating endeavor or commercial enterprise.

Engage in the exploitation of any bug or vulnerability within the Apps in contradiction to the provided instructions, with the intent to secure an unfair advantage and/or monetary gain.

Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site, the App, and the Smart Contracts.

Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site, the App, and the Smart Contracts.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site, the App, and the Smart Contracts to you.

Delete the copyright or other proprietary rights notice from any Content.

Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site, the App and the Smart Contracts.

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCM”).

Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, the App and the Smart Contracts, or using or launching any unauthorized script or other software.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site, the App, and the Smart Contracts.

Use the Site, the App, and the Smart Contracts in a manner inconsistent with any applicable laws or regulations.

Use the Apps in a manner disruptive to the game economy and that interferes with any party’s enjoyment of the Apps.

Create, Possess, and Operate an excessive number of multiple Accounts that may harm the game's economy.

4. FEES AND PAYMENTS

A. If you elect to purchase, store, engage or interact with NFTs or OTHER ASSETS on the Apps, or with or from other users via the Apps, any financial transactions that you engage in will be conducted solely through the Blockchain network(s). We will have no insight into or control over these payments or transactions, nor do We have the ability to reverse any transactions. With that in mind, We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Apps or any other transactions that you conduct via the Ethereum network or other blockchain entities.

B. Blockchain network(s) require the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Blockchain network(s). The Gas Fee funds the network of computers that run the decentralized Blockchain network(s). This means that you will need to pay a Gas Fee for each transaction that occurs.

C. As between us, you will be solely responsible for paying any sales, use, value-added, and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the App (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or acquisition of your NFTs). Except for income taxes levied on us, you: (i) will pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.

D. You are prohibited from providing false notification to your payment processor asserting that you did not authorize any previously consented one-time or automatically recurring charge. We retain the authority to prohibit individuals engaged in "friendly fraud" from accessing the Services.

5. OWNERSHIP; RESTRICTIONS

A. You acknowledge and agree that We (or, as applicable, our licensors) own all legal rights, title, and interest in and to all elements of the Apps, and all intellectual property rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with them), design, systems, methods, information, computer code, software, services, “look and feel”, organization, a compilation of the content, code, data, and all other elements of the Apps are owned by us, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. Except as expressly set forth herein, your use of the App does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Apps. We reserve all rights in and to the Materials not expressly granted to you in the Terms.

B. You may choose to submit comments, bug reports, ideas, or other feedback about the Site or the Apps, including without limitation about how to improve the Apps (collectively, "Feedback"). By submitting any Feedback, you agree that We are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive.

6. TERMINATION

You retain the right to terminate your Account at any time by discontinuing your access to and use of the Apps. However, you acknowledge and agree that we reserve the unilateral right, at our sole discretion and without obligation to provide a reason, to terminate these Terms and suspend and/or terminate your Account(s) for the Apps. Such suspension or termination may occur without prior notice, and we shall not be liable to you or any third party for any such action. If we suspend or terminate your Account(s) due to your breach of these Terms, engagement in Prohibited Activities, or suspicion of fraudulent, abusive, or illegal activities, such termination shall be in addition to any other remedies available to us under applicable laws and equitable principles.

Survival of Terms: You acknowledge that upon termination or expiration of your Account, whether initiated by you or us, you may lose access to information posted on the Apps or related to your Account. We hold no obligation to maintain such information in our databases or to provide it to you or any third party upon termination. Upon Account termination, your right to use the Apps ceases immediately, and no refunds will be issued. Notwithstanding termination, certain provisions of these Terms, including but not limited to those concerning ownership, restrictions, disclaimers, limitation of liability, indemnification, dispute resolution, and intellectual property, shall survive termination and remain binding upon both parties.

7. DISCLAIMERS

**A.** Your use of the Apps is at your own risk. We provide the App "as is" and "as available," without warranties of any kind, whether express or implied. We make no warranties regarding the accuracy, reliability, or security of the App. We do not guarantee that the App will meet your requirements, be uninterrupted, timely, secure, or error-free, or that data provided through the App will be accurate. We do not warrant that the App is free of viruses or other harmful components, or that your data will be secure.

**B.** You acknowledge and accept the inherent security risks of providing information online and agree that We are not liable for any security breaches unless due to our gross negligence.

**C.** We are not responsible for any losses incurred due to your use of blockchain networks or electronic wallets, including but not limited to user error, server failure, unauthorized access by third parties, or smart contract issues.

**D.** The New Order assets and NFTs exist only as ownership records on the blockchain, and We have no control over smart contracts or blockchain networks. We do not guarantee or promise any specific outcomes regarding smart contracts.

**E.** We are not liable for losses due to blockchain features, such as forks or technical issues, and We disclaim responsibility for any changes in asset value or costs associated with blockchain transactions.

**F.** We do not guarantee the value or utility of assets and disclaim liability for any adverse effects on asset value or utility.

**G.** Changes in blockchain technologies or regulations may negatively impact the App, and We are not responsible for any resulting losses.

8. LIMITATION OF LIABILITY

**A.** We, our subsidiaries, affiliates, and licensors will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including loss of profits, goodwill, data, or business reputation, arising from your use of the App.

**B.** Our total liability to you for any claims arising from these Terms or your use of the App is limited to the lesser of the amounts paid by you to us in the past 12 months or $100.

**C.** You acknowledge that these limitations of liability are essential to our agreement and that We would not provide the App without them.

**D.** Some jurisdictions may not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.

**E.** We disclaim liability for decisions related to prize awards or changes in prize types or quantities.

9. ASSUMPTION OF RISK

**A.** You acknowledge the volatility of blockchain assets and agree that We are not liable for changes in asset value or transaction costs.

**B.** You are responsible for determining applicable taxes on your transactions, and We are not liable for tax-related matters.

**C.** You accept the risks associated with internet-based currencies and blockchain technologies, including communication failures and unauthorized access.

**D.** Lack of interest or regulatory changes may negatively affect asset value, and We are not liable for such changes.

**E.** Upgrades or changes to blockchain platforms may have unintended consequences, and We disclaim responsibility for such effects.

10. INDEMNIFICATION

You shall release and indemnify, defend, and hold harmless us, our parents, subsidiaries, affiliates, and agencies, as well as the officers, directors, employees, shareholders, and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys' fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the apps, your violation of these Terms of Use, and any of your acts or omissions. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you agree to cooperate with us in the defense of such matter.

11. EXTERNAL SITES

We are not responsible for external websites linked from the App and disclaim liability for any damages arising from their use.

12. CHANGES AND UPDATES

We may update these Terms, and your continued use of the App constitutes acceptance of the updated Terms.

13. CHILDREN

The App is not intended for children under 18, and if you are under 18, you must have a parent or guardian review and accept these Terms on your behalf.

IF YOU ARE UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD UNDER 18, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE APP, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

14. PRIVACY POLICY

Our Privacy Policy governs the collection and use of your personal information.

15. ARBITRATION

Please carefully review this section as it significantly impacts your legal rights, including your ability to file a lawsuit in court.

All disputes arising from these Terms, including your use of the Apps, will be resolved through arbitration under the rules of the Singapore International Arbitration Centre(SIAC). The arbitration will be administered by a single arbitrator, conducted in English, and held in Singapore. Each party will bear its own costs. We reserve the right to seek injunctive relief in any court. By agreeing to these Terms, you waive your right to a trial by jury and to participate in class action lawsuits related to any disputes, including those involving the App, the Site, smart contracts, or products distributed through them.

WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE APP, THE SITE, THE SMART CONTRACTS, OR ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE APP, THE SITE, OR THE SMART CONTRACTS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

16. REFUNDS

Due to blockchain irreversibility, refunds are not offered for on-chain asset purchases. Refunds for other purchases may be considered under specific conditions.

17. ADVERTISER

We are not responsible for advertisements placed on the App.

18. INTELLECTUAL PROPERTY RIGHTS

Unless stated otherwise, the Apps and all Content and Marks contained therein are our proprietary property protected by copyright, trademark, and other intellectual property laws. Except as expressly permitted, no part of the Apps or Content may be used for commercial purposes without our prior written permission. You are granted a limited license to access and use the Apps for personal, non-commercial use. We reserve all rights not expressly granted to you.

19. GENERAL INFORMATION

These Terms constitute the entire agreement between you and us, govern your use of the App, and may only be modified in writing.

These Terms constitute the entire agreement between you and us, governing your access to and use of the App, superseding any prior agreements, whether oral or written. No third-party beneficiaries are intended. The parties are independent contractors, and nothing herein creates agency, partnership, or joint venture. Any assignment of rights or obligations requires our prior written consent. We may assign these Terms at our discretion. If any provision is deemed invalid or unenforceable, the remaining provisions shall remain valid. Our failure to enforce any provision does not waive our right to enforce it later. These Terms are governed by Singapore law, with disputes resolved exclusively in Singapore courts. We are not liable for failures or delays beyond our reasonable control, and we may provide notices electronically, including via email.

20. USER GENERATED CONTENTS (“UGC”)

We and our licensors retain all rights related to TNO services and its content, including the exclusive right to create derivative works. The interfaces, graphics (including TNO Avatars and skins), trademarks, design, information, artwork, data, code, products, software, and all other elements of the Services, along with their derivatives, are protected by law and TNO TOS. All TNO intellectual property (IP) is the property of 3MERGED and its licensors. TNO reserves all rights in and to the TNO IP not explicitly granted in these TNO TOS or additional terms.

User Generated Content (UGC) refers to any information and content that a user submits, posts, uploads, or uses with TNO service, including game assets, avatars, nicknames or user profiles, clan names, images, sound or music files, and other user-generated content. You acknowledge and agree that you are solely responsible for your UGC and the risks associated with its use. Your UGC is not sponsored or endorsed by 3MERGED, and 3MERGED is not obligated to back up any User Content, which may be deleted at any time without prior notice.

By using TNO Services and uploading UGC, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify UGC to operate and provide the Services. You acknowledge and agree that 3MERGED obtains certain license rights in UGC from you to ensure that actions we take in operating TNO service are not considered legal violations.

You agree that these rights and licenses are royalty-free, transferable, sub-licensable, worldwide, and irrevocable. This includes the right for us to make User Content available to others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose UGC to third parties if we determine such access is necessary to comply with our legal obligations. You agree that your UGC will not contain material subject to copyright or other proprietary rights.

21. Limited License

Subject to the terms and conditions outlined herein, Three Merged Pte. Ltd. ("3MERGED") and its partners with rights to the Software (referred to collectively as "we" or "us") hereby grant you a non-exclusive, non-transferable, limited license to install and utilize the Software on one or more computers owned by you or under your control, solely for personal use. This license does not constitute a sale of the Software and does not confer upon you any ownership rights in or to the Software. All rights, title, and interest in and to the Software, including all intellectual property rights, shall remain the exclusive property of 3MERGED and its partners.

You agree not to:

- Reproduce, distribute, or create derivative works based on the Software;

- Reverse engineer, decompile, or disassemble the Software;

- Remove any proprietary notices or labels on the Software;

- Use the Software for any commercial purpose or for the benefit of any third party.

Your utilization of the Software is additionally contingent upon the terms and conditions delineated in our Terms of Use and any supplementary terms provided with the Software.

22. Severability

In the event that any provision of this agreement is determined to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall remain in full force and effect. In such circumstances, the invalid, illegal, or unenforceable provision shall be construed in a manner consistent with applicable law to render it valid, legal, and enforceable to the maximum extent possible, while preserving the original intent of the parties.

This agreement, together with our Terms of Use, constitutes the entire understanding and agreement between you and us concerning the Software, superseding all prior or contemporaneous agreements, whether written or oral, pertaining to the Software.