EULA
Applicable from: 15 April 2012.
LIMITED WARRANTY AND LICENSE AGREEMENT
THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS
SPECIFIED BELOW) IS SUBJECT TO THIS LIMITED WARRANTY AND LICENSE AGREEMENT FOR
END USERS AND THE TERMS AND CONDITIONS SET FORTH BELOW ("AGREEMENT").
For purposes of this Agreement "Software" means all
software programs and services made available by Phase One Gamesª, its parents,
its subsidiaries and affiliates (collectively "Phase One Games")
including, but not limited to mobile games, downloadable/installable games for
personal computer, and games and services accessed by means of a browser or
other online communication method. Software also includes updates and upgrades
as well as accompanying manual(s), packaging and other written, files,
electronic or on-line materials or documentation, and any and all copies of
such software and its materials.
BY INSTALLING, USING OR ACCESSING THE SOFTWARE OR ANY MATERIALS
INCLUDED WITH THE SOFTWARE, YOU HEREBY ACCEPT THE TERMS OF THIS AGREEMENT. If
you do not agree to the terms of this Agreement, do not install, use or access
the Software.
1 LICENSE
LICENSE. Subject to this Agreement and its terms and conditions, Phase
One Games hereby grants you a non-exclusive, non-transferable,
non-sublicensable, limited right and license to use one copy of the Software
for your personal non-commercial use for gameplay on a single computer or
gaming unit, unless otherwise specified in the Software documentation. Your
acquired rights are subject to your compliance with this Agreement. The term of
your license under this Agreement shall commence on the date that you install
or otherwise use the Software and ends on the earlier date of either your
disposal of the Software or Phase One Games's termination of this Agreement.
Your license terminates immediately if you attempt to circumvent any technical
protection measures used in connection with the Software. The Software is being
licensed to you and you hereby acknowledge that no title or ownership in the
Software is being transferred or assigned and this Agreement should not be
construed as a sale of any rights in the Software. All rights not specifically
granted under this Agreement are reserved by Phase One Games and its licensors.
OWNERSHIP. Phase One Games retains all right, title and interest
to the Software, including, but not limited to, all copyrights, trademarks,
trade secrets, trade names, proprietary rights, patents, titles, computer
codes, audiovisual effects, themes, characters, character names, stories,
dialog, settings, artwork, sound effects, musical works, and moral rights
whether registered or not and all applications thereof. The
Software is protected by applicable laws and treaties throughout the world.
Unless expressly authorized by mandatory legislation, the Software may not be
copied, reproduced or distributed in any manner or medium, in whole or in part,
without prior written consent from Phase One Games. All rights not expressly
granted to you herein are reserved by Phase One Games.
2 LICENSE CONDITIONS
You agree not to: (i) commercially exploit the Software; (ii)
distribute, lease, license, sell, rent, lend, convey or otherwise transfer or
assign the Software, any passwords or usernames or any copies of the Software,
without the express prior written consent of Phase One Games or as set forth in
this Agreement; (iii) make a copy of the Software or any part thereof (other
than as set forth herein); (iv) make a copy of the Software publicly available
or available on a network for use or download by multiple users; (v) except as
otherwise specifically provided by the Software or this Agreement, use or
install the Software (or permit others to do same) on a network, for on-line
use, or on more than one computer or gaming unit at the same time; (vi) use or
copy the Software at a computer gaming center or any other location-based site;
provided, that Phase One Games may offer you a separate site license agreement
to make the Software available for commercial use; (vii) reverse engineer,
decompile, disassemble, translate, prepare derivative works based on or
otherwise modify the Software, in whole or in part; (viii) remove, obscure or modify
any copyright, trademark or other proprietary rights notices, marks or labels
contained on or within the Software, falsify or delete any author attributions,
legal notices or other labels of the origin or source of the material; (ix)
misrepresent the source of ownership of the Software; (x) transport, export or
re-export (directly or indirectly) into any country forbidden to receive such
Software by any U.S. or other export laws or accompanying regulations or
otherwise violate such laws or regulations, that may be amended from time to
time; or (xi) scrape, build databases or otherwise create permanent copies of
content returned from the Software.
However, with regards to installable Software that was delivered
on a physical storage medium, you may transfer the entire Software and
accompanying documentation on a permanent basis to another person as long as
you retain no copies (including archival or backup copies) of the Software,
accompanying documentation, or any portion or component of the Software accompanying
documentation, and the recipient agrees to the terms of this Agreement. The
Software is intended for private use only.
The Software may include measures to control access to the
Software, prevent unauthorized copies, or otherwise attempt to prevent anyone
from exceeding the limited rights and licenses granted under this Agreement.
Only Software subject to a valid license can be used to access online services,
and download updates and patches. You may not interfere with such access
control measures or attempt to disable or circumvent such security features. If
you disable or otherwise tamper with the technical protection measures, the
Software will not function properly.
The Software may allow you to create content, including but not
limited to gameplay maps, screenshots or a video of your game play. In exchange
for use of the Software, and to the extent that your contributions through use
of the Software give rise to any copyright, design right or any other
intellectual or industrial property right you hereby grant Phase One Games an
exclusive, royalty-free, perpetual, irrevocable, fully transferable and
sub-licensable worldwide right and license to use your contributions in any way
and for any purpose including, but not limited to the rights to reproduce,
copy, adapt, modify, perform, display, publish, broadcast, transmit, or
otherwise communicate to the public by any means whether now known or unknown
and distribute your contributions without any further notice or compensation to
you of any kind for the whole duration of protection granted to intellectual
and industrial property rights by applicable laws and international
conventions. If not expressly prohibited by mandatory legislation, you hereby
waive any moral rights of paternity, publication, reputation, or attribution
with respect to Phase One Games's and other players' use and enjoyment of such
assets in connection with the Software and related goods and services under
applicable law. This license grant to Phase One Games, and the above waiver of
any applicable moral rights, survives any termination of this License.
The Software may require an internet
connection to access the Software or its internet-based features, authenticate
the Software, or perform other functions. In order for certain features of the
Software to operate properly, you may be required to have and maintain (a) an
adequate internet connection and/or (b) a valid and active account with an
online service as set forth in the Software documentation. If you do not
maintain such accounts, then the Software or certain features of the Software
may not operate or may cease to function properly, either in whole or in part.
3 INFORMATION COLLECTION AND USE; PRIVACY POLICY
By installing, accessing or using the Software, you consent to
these information collection and usage terms, including (where applicable) the
transfer of data into a country outside of the European Union and/or the
European Economic Area or the United States of America.
Phase One Games respects your privacy rights and recognizes the
importance of protecting any information collected about you. Phase One Games's
privacy policy as amended from time to time is available atwww.phaseonegames.com/privacy ("Privacy
Policy") and applicable to this Agreement. Phase One Games's Privacy
Policy defines how, why and to which extent Phase One Games collects and uses
personal and non-personal information in relation to Phase One Games's products
and services. By installing, accessing or using the Software you explicitly
agree with the terms and conditions of Phase One Games's Privacy Policy.
4 WARRANTY
Phase One Games warrants to you (if you are the initial and
original purchaser of the Software) that, to the extent the Software is made
available to you on a physical storage medium, the original storage medium
holding the Software is free from defects in material and workmanship under
normal use and service for 90 days from the date of purchase. If mandatory
legislation in your jurisdiction requires longer in excess to the
aforementioned 90 days, the length of the warranty is amended accordingly. If
for any reason you find a defect in the physical storage medium during the
warranty period, Phase One Games agrees to replace, free of charge, any
physical storage medium and related Software discovered to be defective within
the warranty period as long as the Software is currently commercially
distributed by Phase One Games. If the Software is no longer available, Phase
One Games retains the right to substitute a similar piece of Software of equal
or greater value. This warranty is limited to the physical storage medium and
the Software as originally provided by Phase One Games and is not applicable to
normal wear and tear. This warranty shall not be applicable and shall be void
if the defect has arisen through abuse, mistreatment, or neglect. Any implied
warranties prescribed by statute are expressly limited to the warranty period
described above.
When returning the Software subject to the limited warranty above,
please send the original Software only to the Phase One Games address specified
below and include: your name and return address; a photocopy of your dated
sales receipt; and a brief note describing the defect and the system on which
you are running the Software.
NOTWITHSTANDING THE ABOVEMENTIONED WARRANTY FOR PHYSICAL STORAGE
MEDIUM, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE
SOFTWARE IS PROVIDED TO YOU "AS IS," WITH ALL FAULTS, WITHOUT
WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND,
AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND
PERFORMANCE RESIDES WITH YOU. PHASE ONE GAMES, PHASE ONE GAMES'S LICENSORS AND
CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED
OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION,
UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF
ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PHASE ONE GAMES,
PHASE ONE GAMES'S LICENSORS AND CHANNEL PARTNERS DO NOT WARRANT AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET
YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY
OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR
WRITTEN ADVICE PROVIDED BY PHASE ONE GAMES, PHASE ONE GAMES'S LICENSORS AND
CHANNEL PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED
WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER,
SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE
FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
5 LIMITATION OF LIABILITY
IN NO EVENT WILL PHASE ONE GAMES, PHASE ONE GAMES'S LICENSORS OR
CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE SOFTWARE,
INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER
FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR
PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY
CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE,
WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR
OTHERWISE AND WHETHER OR NOT PHASE ONE GAMES, PHASE ONE GAMES'S LICENSORS OR
CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR
PURPOSES OF THIS SECTION 5, PHASE ONE GAMES'S LICENSORS AND CHANNEL PARTNERS
ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN
AND THEY MAY ENFORCE THIS AGREEMENT AGAINST YOU.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF
LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY
SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF
THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL
LAW, WHICH CANNOT BE PRE-EMPTED. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO
JURISDICTION.
IN NO EVENT SHALL PHASE ONE GAMES, PHASE ONE GAMES'S LICENSORS OR
CHANNEL PARTNERS' LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE
LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE OR FIFTY EUROS
(EUR 50), WHICHEVER LESS.
6 OTHER TERMS AND CONDITIONS
TERMINATION: This Agreement will terminate automatically if you
fail to comply with its terms and conditions. In such event, you must destroy
all copies of the Software and all of its component parts and cease and desist
from accessing any service components of the Software. With regards to Software
delivered on a physical storage medium you can end this Agreement by destroying
the Software and all copies and reproductions of the Software and deleting and
permanently purging the Software from any client server or computer on which it
has been installed.
EQUITABLE REMEDIES: You hereby agree that if the terms of this
Agreement are not specifically enforced, Phase One Games will be irreparably
damaged, and therefore you agree that Phase One Games shall be entitled,
without bond, other security or proof of damages, to appropriate equitable
remedies with respect to your breach of any of the terms of this Agreement, in
addition to any other available remedies.
INDEMNITY: You agree to indemnify, defend and hold Phase One Games,
its partners, affiliates, contractors, officers, directors, employees and
agents harmless from and against any and all damages, losses and expenses
arising directly or indirectly from: (i) your acts and omissions to act in
using the Software pursuant to the terms of the Agreement; or (ii) your breach
of this Agreement.
MISCELLANEOUS: This Agreement represents the complete agreement
concerning this license between the parties and supersedes all prior agreements
and representations between them. It may be amended only by a written document
executed by both parties. If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall be reformed only to the
extent necessary to make it enforceable and the remaining provisions of this
Agreement shall not be affected.
GOVERNING LAW AND DISPUTE RESOLUTION. This
Agreement will be governed by the laws of the United States and the State of
the Delaware without reference to its choice of law rules. The United
Nations Convention for the International Sale of Goods shall not apply. Any
dispute, controversy or claim arising out of or relating to this Agreement or
the breach, termination or validity thereof shall be finally settled at Phase
One Games's discretion (i) at your domicile's competent courts; or (ii) by
arbitration in accordance with the Arbitration Rules of International Chamber
of Commerce. The arbitration shall be conducted in Delaware, United States, in
the English language. The award shall be final and binding on the parties. BY
ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A
CLASS ACTION AGAINST PHASE ONE GAMES AND ITS PARTNERS.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY
CONTACT apps@phaseonegames.com.