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Hide and Shriek ™
END USER LICENSE AGREEMENT
Updated 3 Oct 2016
IMPORTANT - READ CAREFULLY: YOU MUST READ THIS END USER LICENSE AGREEMENT BEFORE USING THE GAME (AS HEREINAFTER DEFINED) OR ANY ELEMENTS THEREOF BY INSTALLING, DOWNLOADING, COPYING OR OTHERWISE. “HIDE AND SHRIEK (THE” GAME”) IS LICENSED FOR USE BY FUNCOM OSLO AS (“FUNCOM”) A COMPANY INCORPORATED UNDER THE LAWS OF NORWAY WITH PRINCIPAL OFFICES AT BESTUMSTUBBEN 11 N-0281 OSLO, NORWAY. THIS IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL) AND FUNCOM.
This End User License Agreement (this “Agreement”) is a legal and binding agreement between You (an individual) (“You” or where applicable “Your”) the end user, and Funcom. This interactive, software video game entitled Hide and Shriek, and any files that are delivered to You (via download, or otherwise) by or on behalf of Funcom to enhance, fix, patch, update or otherwise modify the software program (the “Software”) and any printed materials, or online or electronic documentation (the “Manual”), and all copies and derivative works of the Software or the Manual and the game play software (collectively, the “Game”) are the copyrighted work of Funcom Oslo AS. The Game is protected by intellectual property and copyright laws and treaties. As a condition precedent to Funcom licensing to You the right to install and otherwise use the Software on Your computer or game device, You must accept, agree to be bound by and continue Your compliance with the terms and conditions of this Agreement.
The Game is distributed and/or made available solely for use by authorized end users according to the terms of this Agreement. Any reproduction, modification, distribution or other use of the Game or any element thereof not expressly authorized by the terms of this Agreement is expressly prohibited
WHERE A RESELLER, SERVICE PROVIDER, CONSULTANT, CONTRACTOR OR OTHER PARTY DOWNLOADS OR OTHERWISE PROVIDES THE GAME TO YOU AND/OR INSTALLS OR ACTIVATES THE GAME ON YOUR BEHALF PRIOR TO YOUR USE OF THE GAME, FOR THE PURPOSES OF THIS AGREEMENT SUCH RESELLER, SERVICE PROVIDER, CONSULTANT, CONTRACTOR OR OTHER PARTY WILL BE DEEMED TO BE YOUR AGENT ACTING ON YOUR BEHALF AND YOU ARE DEEMED TO HAVE ACCEPTED ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS IF YOU HAD DIRECTLY DOWNLOADED, INSTALLED OR USED THE GAME.
THE USE OF THIS GAME REQUIRES STEAM MATCH MAKING SERVICES WHICH MAY REQUIRE ACCEPTANCE OF ADDITIONAL AGREEMENTS.
1. Grant of Limited, Non-Exclusive License. Funcom hereby grants to You, and You hereby accept, a limited, non-exclusive license to (a) install the Software on one or more computers or game devices owned by You or under Your legitimate and exclusive control, and (b) use the Software for Game play exclusively for non-commercial entertainment purposes only.
2. Termination. This Agreement is valid until terminated. This Agreement ceases automatically (without any form of notice) if You breach any provisions of this Agreement. You can also end this Agreement by destroying Your copy of the Game and related documentation and materials and all copies and reproductions thereof and deleting and permanently purging the copy of the Game and related back-up copy, documentation and materials and all copies and reproductions thereof from any computer on which it has been installed by or for You.
3. Intellectual Property Rights. As between You and Funcom, all right, title, interest, license and intellectual and other property rights in and to the Game (and all elements thereof, including any enhancements, fixes, patches, updates and other modifications relating thereto) and all copies or other reproductions thereof (including, without limitation, the copyright and other intellectual property rights in any titles, computer code, images, photographs, animations, video, audio, music, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character, structural or landscape designs, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, and any related documentation or text incorporated into the Game) are exclusively owned or licensed by Funcom Oslo As. All right, title, license and intellectual and other property rights in and to the content of any third party which may appear in, or be accessed through use of the Game are the property of the respective content owner (or their licensees) and may be protected by applicable copyright or other intellectual property laws and treaties. By playing the Game, you agree (a) to be bound by such laws and treaties, and (b) that You have no rights to use such content other than as set forth herein. If the Software contains documentation which is provided only in electronic form, You may print one copy of such electronic documentation for Your private use. All rights not expressly granted are reserved by Funcom. You may not transfer or otherwise assign all or any portion of Your rights, duties or obligations under this Agreement to any person.
4. Your Additional Duties and Obligations
a. Certain Restricted Actions. You may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game, or any element thereof or otherwise seek to discover the source code, components, digital rights management, format or other protocols associated with the Game or remove or alter any proprietary notices or labels on the Game. Failure to comply with the restrictions and limitations contained in this Section shall result in the immediate, automatic termination of the license granted hereunder and may subject You to civil and/or criminal liability.
b. Representations. You represent and warrant to Funcom that You will not:
i. rent, lease, lend, sell, sublicense, assign, or auction any portion of the Game or allow another party access to your Account information;
ii. exploit the Game or any element thereof, including without limitation the Software, for any commercial purpose, including without limitation use at a cyber cafe, computer gaming center, restaurant, bar, any other location-based site or other public performance without the express written consent of Funcom, such consent to be given at its sole discretion;
iii. host, provide or develop services for the Game or intercept, emulate or redirect the communication protocols used by or on behalf of Funcom (or any of its licensees or authorized agents) in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks;
iv. Under no circumstances may You connect or create tools that allow You or others to connect to the Game’s proprietary interface other than those expressly provided by Steam for public use;
v. use or otherwise access the Game in violation of the Terms of this Agreement, including, without limitation, Section 4(c) below; and
vi. enable any third party, including any person who is not at least 18 years of age and of the age of majority in such person's place of residence, to use or otherwise have access to the Game.
c. Age. As a condition precedent to any licenses being granted to You under this Agreement, (i) You must be 18 years of age or older; and (ii) You must be at least of the age of majority in your place of residence. If You are 18 years of age or older but not of the age of majority in your place of residence, you must first obtain all necessary parental consent to enter into and be bound by this agreement.
5. Restricted Software. YOU HEREBY AGREE TO REFRAIN FROM USING RESTRICTED SOFTWARE IN CONJUNCTION WITH THIS GAME. THE TERM “RESTRICTED SOFTWARE” MEANS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY ‘ADD ON’, ‘MOD’, ‘MODIFICATION’, ‘HACK’, ‘TRAINER’, ‘CHEAT’ OR OTHER ELEMENT THAT, IN FUNCOM'S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR OTHERWISE ALTER THE GAME INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY FUNCOM; OR (iii) INTERCEPTS, GATHERS, SEEKS OUT, OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE GAME; FUNCOM MAY EXERCISE ALL OR ANY OF ITS RIGHTS UNDER THIS AGREEMENT WITH OR WITHOUT NOTICE TO PRESERVE THE INTEGRITY OF THE GAME AND PROTECT FUNCOM'S RIGHTS
6. Patches and Updates. Funcom (or a third party on Funcom's behalf) may deploy or provide enhancement, fixes, patches, updates and other modifications to the Game that must be installed for You to continue to play the Game.
7. Export Controls; and Country of Residence. The Software may not be re-exported, downloaded or otherwise exported in such a way so as to violate any applicable law, statute, treaty or other ordinance or otherwise cause.
8. Limited Warranty. THE GAME (INCLUDING WITHOUT LIMITATION THE SOFTWARE AND MANUAL(S)) IS PROVIDED AND/OR MADE AVAILABLE TO YOU ‘AS IS, WHERE IS,’ WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. In the event that the media containing the Software proves to be defective during the first thirty (30) days after the initial purchase thereof, You should contact your point of purchase retailer and inquire about their return policies. Any product that has had its key for playtime activated and with in-game activity registered cannot be returned as defective Software. By clicking “Play”, you terminate any right to withdrawals. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. Some states/countries do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to You.
9. Limitation of Liability, Indemnity. NEITHER FUNCOM NOR ANY OF ITS PARENT, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES LICENSORS OR ADVISORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR THE SERVICES OR ANY USE THEROF, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER FUNCOM NOR ITS PARENT, SUBSIDIARIES, LICENSORS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR ADVISORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., ARMOR, POTIONS, ITEMS, POSTS, WEAPONS, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME. IN NO EVENT SHALL FUNCOM OR ITS PARENT, SUBSIDIARIES, LICENSORS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR ADVISORS (I) BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL FUNCOM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL FUNCOM'S LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED (IN THE AGGREGATE) THE TOTAL FEES PAID BY YOU TO FUNCOM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE TIME SUCH CLAIM AROSE. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FUNCOM AND ITS PARENT, SUBSIDIARIES, LICENSORS, PARTNERS, EMPLOYEES, CONTRACTORS, AFFILIATES AND ADVISORS FROM AND AGAINST ANY CLAIM, LIABILITY, LOSS, INJURY, DAMAGE, COST OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY FUNCOM ITS PARENT, SUBSIDIARIES, LICENSORS, PARTNERS, EMPLOYEES, CONTRACTORS, AFFILIATES OR ADVISORS ARISING FROM, OUT OF OR OTHERWISE RELATING TO YOUR USE OF THE GAME, OR ANY ELEMENT THEREOF OR YOUR BREACH OF ANY DUTY OR OBLIGATION UNDER THIS AGREEMENT.
10. Equitable Relief; You hereby acknowledge and agree that (i) Funcom would be irreparably damaged if the terms of this Agreement were breached, threatened to be breached or not specifically enforced; and (ii) in addition to such other remedies available to it at law, in equity or otherwise, Funcom is hereby entitled, without providing bond, other security, or proof of damages, to seek temporary restraining orders and permanent injunctive relieve against Your anticipated, actual or continued breach of Your duties and obligations as contemplated under this Agreement
11. Amendment. Funcom, at its sole and absolute discretion, from time to time and at any time, may modify, add to, supplement, delete or otherwise change any of the terms and conditions of this Agreement, including, without limitation at such time(s) as Funcom upgrades the Software or as may otherwise be contemplated herein or therein. You may terminate this Agreement in accordance with Section 2. Your installation and use of any enhancements, fixes, patches, updates or other modifications to the Software or Your continued use of the Game following notice of changes to this Agreement will demonstrate Your acceptance of any and all such changes. Funcom may modify, suspend, discontinue or otherwise change any aspect of the Game at any time. Funcom may also impose limits on certain features or restrict Your access to parts or all of the Game without notice or liability. You hereby acknowledge and agree that You have no interest, monetary or otherwise, in any feature or content contained in the Game.
12. Severability. You and Funcom agree that if any part of this Agreement is found to be illegal or unenforceable that part shall be severed, and the remainder of the Agreement shall be given full force and effect.
13. Governing Law; Jurisdiction. Except as expressly provided otherwise, this Agreement shall be governed by, and construed under, the laws of Norway, without regard to choice of law principles. Any arbitration proceeding under this Agreement shall be conducted in Oslo, Norway. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within Oslo, Norway, and You and Funcom hereby irrevocably consent to the exclusive personal jurisdiction of that court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who purchased a license to the Game in, and are a resident of, Canada, Australia, Singapore, New Zealand or outside the United States, other laws may apply with respect to the mandatory arbitration provisions set forth above, and in such an event, shall only affect this Agreement only to the extent required by such jurisdiction.
14. Dispute Resolution.
a. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), You and Funcom agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations shall commence upon written notice from one party to the other. Funcom will send its notice to Your billing address and email You a copy to the email address You have provided to us. You will send Your notice to Funcom, c/o Funcom Legal - BESTUMSTUBBEN 11 N-0281 OSLO, NORWAY.
b. Binding Arbitration and Exceptions. If You and Funcom are unable to resolve a Dispute through informal negotiations, the Dispute finally and exclusively resolved by binding arbitration as contemplated herein and shall be binding upon You and Funcom. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, You and Funcom may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Notwithstanding the preceding, You and Funcom agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of Your or Funcom's (or its affiliates or licensee's) intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. For such Disputes as listed in 15(b)(1), (2) and (3), Funcom may at its sole discretion have the Dispute tried by a court in Your jurisdiction to obtain a judgment enforceable in your jurisdiction.
c. Restrictions. You and Funcom agree that any arbitration under this Agreement shall be limited to the Dispute between Funcom and You individually. TO THE FULL EXTENT PERMITTED BY LAW, (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
d. Process. Process may be served on either party in the manner authorized by applicable law or court rule. In any action to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and other expenses
15. Assignment and Beneficiaries. Funcom may assign all or any portion of this Agreement and its rights and obligations hereunder, in whole or in part, to any person or entity at any time, with or without your consent and without notice to you. You may not assign all or any portion of this Agreement. Any unauthorized assignment by you shall be null and void. This Agreement will inure to the benefit of Funcom and its successors and assigns. Funcom's subsidiaries and other affiliates are intended to be a third party beneficiaries of the provisions of this Agreement.
16. Survival. Sections 3-6 and 8-19 of this Agreement shall survive termination hereof without limit of time to the extent admissible under applicable law.
17. Execution. In order to execute this Agreement, you must click “Accept” or wording indicating your acceptance for this Agreement. The Agreement with you will not be kept on file by Funcom, and will therefore not be accessible for You. The Agreement will be executed in the English language.
18. Entire Agreement. This Agreement (together with the agreements referenced herein) constitute the complete and exclusive agreement between Funcom and You with respect to the subject matter thereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.
I hereby acknowledge, confirm and agree where relevant that (i) that I have read and understand the foregoing Agreement, (ii) I am at least 18 years of age, AND if I am not at least of the age of majority in my place of residence, I have obtained all necessary parental consent to enter into and be bound by this Agreement, and (iii) I agree that by clicking “Accept” (or other wording indicating my acceptance) or installing the Software, I am acknowledging my agreement to be bound by the terms and conditions of this Agreement.
If You do NOT qualify or do NOT agree to be bound by this Agreement, click “DECLINE” or refrain from clicking similar terms indicative of acceptance.
© 2016
Funcom, and Hide and Shriek are trademarks or registered trademarks of Funcom Oslo AS. All rights Reserved.. All other trademarks and logos are properties of their respective owners.
END USER LICENSE AGREEMENT
Updated 3 Oct 2016
IMPORTANT - READ CAREFULLY: YOU MUST READ THIS END USER LICENSE AGREEMENT BEFORE USING THE GAME (AS HEREINAFTER DEFINED) OR ANY ELEMENTS THEREOF BY INSTALLING, DOWNLOADING, COPYING OR OTHERWISE. “HIDE AND SHRIEK (THE” GAME”) IS LICENSED FOR USE BY FUNCOM OSLO AS (“FUNCOM”) A COMPANY INCORPORATED UNDER THE LAWS OF NORWAY WITH PRINCIPAL OFFICES AT BESTUMSTUBBEN 11 N-0281 OSLO, NORWAY. THIS IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL) AND FUNCOM.
This End User License Agreement (this “Agreement”) is a legal and binding agreement between You (an individual) (“You” or where applicable “Your”) the end user, and Funcom. This interactive, software video game entitled Hide and Shriek, and any files that are delivered to You (via download, or otherwise) by or on behalf of Funcom to enhance, fix, patch, update or otherwise modify the software program (the “Software”) and any printed materials, or online or electronic documentation (the “Manual”), and all copies and derivative works of the Software or the Manual and the game play software (collectively, the “Game”) are the copyrighted work of Funcom Oslo AS. The Game is protected by intellectual property and copyright laws and treaties. As a condition precedent to Funcom licensing to You the right to install and otherwise use the Software on Your computer or game device, You must accept, agree to be bound by and continue Your compliance with the terms and conditions of this Agreement.
The Game is distributed and/or made available solely for use by authorized end users according to the terms of this Agreement. Any reproduction, modification, distribution or other use of the Game or any element thereof not expressly authorized by the terms of this Agreement is expressly prohibited
WHERE A RESELLER, SERVICE PROVIDER, CONSULTANT, CONTRACTOR OR OTHER PARTY DOWNLOADS OR OTHERWISE PROVIDES THE GAME TO YOU AND/OR INSTALLS OR ACTIVATES THE GAME ON YOUR BEHALF PRIOR TO YOUR USE OF THE GAME, FOR THE PURPOSES OF THIS AGREEMENT SUCH RESELLER, SERVICE PROVIDER, CONSULTANT, CONTRACTOR OR OTHER PARTY WILL BE DEEMED TO BE YOUR AGENT ACTING ON YOUR BEHALF AND YOU ARE DEEMED TO HAVE ACCEPTED ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS IF YOU HAD DIRECTLY DOWNLOADED, INSTALLED OR USED THE GAME.
THE USE OF THIS GAME REQUIRES STEAM MATCH MAKING SERVICES WHICH MAY REQUIRE ACCEPTANCE OF ADDITIONAL AGREEMENTS.
1. Grant of Limited, Non-Exclusive License. Funcom hereby grants to You, and You hereby accept, a limited, non-exclusive license to (a) install the Software on one or more computers or game devices owned by You or under Your legitimate and exclusive control, and (b) use the Software for Game play exclusively for non-commercial entertainment purposes only.
2. Termination. This Agreement is valid until terminated. This Agreement ceases automatically (without any form of notice) if You breach any provisions of this Agreement. You can also end this Agreement by destroying Your copy of the Game and related documentation and materials and all copies and reproductions thereof and deleting and permanently purging the copy of the Game and related back-up copy, documentation and materials and all copies and reproductions thereof from any computer on which it has been installed by or for You.
3. Intellectual Property Rights. As between You and Funcom, all right, title, interest, license and intellectual and other property rights in and to the Game (and all elements thereof, including any enhancements, fixes, patches, updates and other modifications relating thereto) and all copies or other reproductions thereof (including, without limitation, the copyright and other intellectual property rights in any titles, computer code, images, photographs, animations, video, audio, music, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character, structural or landscape designs, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, and any related documentation or text incorporated into the Game) are exclusively owned or licensed by Funcom Oslo As. All right, title, license and intellectual and other property rights in and to the content of any third party which may appear in, or be accessed through use of the Game are the property of the respective content owner (or their licensees) and may be protected by applicable copyright or other intellectual property laws and treaties. By playing the Game, you agree (a) to be bound by such laws and treaties, and (b) that You have no rights to use such content other than as set forth herein. If the Software contains documentation which is provided only in electronic form, You may print one copy of such electronic documentation for Your private use. All rights not expressly granted are reserved by Funcom. You may not transfer or otherwise assign all or any portion of Your rights, duties or obligations under this Agreement to any person.
4. Your Additional Duties and Obligations
a. Certain Restricted Actions. You may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game, or any element thereof or otherwise seek to discover the source code, components, digital rights management, format or other protocols associated with the Game or remove or alter any proprietary notices or labels on the Game. Failure to comply with the restrictions and limitations contained in this Section shall result in the immediate, automatic termination of the license granted hereunder and may subject You to civil and/or criminal liability.
b. Representations. You represent and warrant to Funcom that You will not:
i. rent, lease, lend, sell, sublicense, assign, or auction any portion of the Game or allow another party access to your Account information;
ii. exploit the Game or any element thereof, including without limitation the Software, for any commercial purpose, including without limitation use at a cyber cafe, computer gaming center, restaurant, bar, any other location-based site or other public performance without the express written consent of Funcom, such consent to be given at its sole discretion;
iii. host, provide or develop services for the Game or intercept, emulate or redirect the communication protocols used by or on behalf of Funcom (or any of its licensees or authorized agents) in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks;
iv. Under no circumstances may You connect or create tools that allow You or others to connect to the Game’s proprietary interface other than those expressly provided by Steam for public use;
v. use or otherwise access the Game in violation of the Terms of this Agreement, including, without limitation, Section 4(c) below; and
vi. enable any third party, including any person who is not at least 18 years of age and of the age of majority in such person's place of residence, to use or otherwise have access to the Game.
c. Age. As a condition precedent to any licenses being granted to You under this Agreement, (i) You must be 18 years of age or older; and (ii) You must be at least of the age of majority in your place of residence. If You are 18 years of age or older but not of the age of majority in your place of residence, you must first obtain all necessary parental consent to enter into and be bound by this agreement.
5. Restricted Software. YOU HEREBY AGREE TO REFRAIN FROM USING RESTRICTED SOFTWARE IN CONJUNCTION WITH THIS GAME. THE TERM “RESTRICTED SOFTWARE” MEANS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY ‘ADD ON’, ‘MOD’, ‘MODIFICATION’, ‘HACK’, ‘TRAINER’, ‘CHEAT’ OR OTHER ELEMENT THAT, IN FUNCOM'S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR OTHERWISE ALTER THE GAME INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY FUNCOM; OR (iii) INTERCEPTS, GATHERS, SEEKS OUT, OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE GAME; FUNCOM MAY EXERCISE ALL OR ANY OF ITS RIGHTS UNDER THIS AGREEMENT WITH OR WITHOUT NOTICE TO PRESERVE THE INTEGRITY OF THE GAME AND PROTECT FUNCOM'S RIGHTS
6. Patches and Updates. Funcom (or a third party on Funcom's behalf) may deploy or provide enhancement, fixes, patches, updates and other modifications to the Game that must be installed for You to continue to play the Game.
7. Export Controls; and Country of Residence. The Software may not be re-exported, downloaded or otherwise exported in such a way so as to violate any applicable law, statute, treaty or other ordinance or otherwise cause.
8. Limited Warranty. THE GAME (INCLUDING WITHOUT LIMITATION THE SOFTWARE AND MANUAL(S)) IS PROVIDED AND/OR MADE AVAILABLE TO YOU ‘AS IS, WHERE IS,’ WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. In the event that the media containing the Software proves to be defective during the first thirty (30) days after the initial purchase thereof, You should contact your point of purchase retailer and inquire about their return policies. Any product that has had its key for playtime activated and with in-game activity registered cannot be returned as defective Software. By clicking “Play”, you terminate any right to withdrawals. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. Some states/countries do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to You.
9. Limitation of Liability, Indemnity. NEITHER FUNCOM NOR ANY OF ITS PARENT, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES LICENSORS OR ADVISORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR THE SERVICES OR ANY USE THEROF, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER FUNCOM NOR ITS PARENT, SUBSIDIARIES, LICENSORS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR ADVISORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., ARMOR, POTIONS, ITEMS, POSTS, WEAPONS, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME. IN NO EVENT SHALL FUNCOM OR ITS PARENT, SUBSIDIARIES, LICENSORS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR ADVISORS (I) BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL FUNCOM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL FUNCOM'S LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED (IN THE AGGREGATE) THE TOTAL FEES PAID BY YOU TO FUNCOM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE TIME SUCH CLAIM AROSE. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FUNCOM AND ITS PARENT, SUBSIDIARIES, LICENSORS, PARTNERS, EMPLOYEES, CONTRACTORS, AFFILIATES AND ADVISORS FROM AND AGAINST ANY CLAIM, LIABILITY, LOSS, INJURY, DAMAGE, COST OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY FUNCOM ITS PARENT, SUBSIDIARIES, LICENSORS, PARTNERS, EMPLOYEES, CONTRACTORS, AFFILIATES OR ADVISORS ARISING FROM, OUT OF OR OTHERWISE RELATING TO YOUR USE OF THE GAME, OR ANY ELEMENT THEREOF OR YOUR BREACH OF ANY DUTY OR OBLIGATION UNDER THIS AGREEMENT.
10. Equitable Relief; You hereby acknowledge and agree that (i) Funcom would be irreparably damaged if the terms of this Agreement were breached, threatened to be breached or not specifically enforced; and (ii) in addition to such other remedies available to it at law, in equity or otherwise, Funcom is hereby entitled, without providing bond, other security, or proof of damages, to seek temporary restraining orders and permanent injunctive relieve against Your anticipated, actual or continued breach of Your duties and obligations as contemplated under this Agreement
11. Amendment. Funcom, at its sole and absolute discretion, from time to time and at any time, may modify, add to, supplement, delete or otherwise change any of the terms and conditions of this Agreement, including, without limitation at such time(s) as Funcom upgrades the Software or as may otherwise be contemplated herein or therein. You may terminate this Agreement in accordance with Section 2. Your installation and use of any enhancements, fixes, patches, updates or other modifications to the Software or Your continued use of the Game following notice of changes to this Agreement will demonstrate Your acceptance of any and all such changes. Funcom may modify, suspend, discontinue or otherwise change any aspect of the Game at any time. Funcom may also impose limits on certain features or restrict Your access to parts or all of the Game without notice or liability. You hereby acknowledge and agree that You have no interest, monetary or otherwise, in any feature or content contained in the Game.
12. Severability. You and Funcom agree that if any part of this Agreement is found to be illegal or unenforceable that part shall be severed, and the remainder of the Agreement shall be given full force and effect.
13. Governing Law; Jurisdiction. Except as expressly provided otherwise, this Agreement shall be governed by, and construed under, the laws of Norway, without regard to choice of law principles. Any arbitration proceeding under this Agreement shall be conducted in Oslo, Norway. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within Oslo, Norway, and You and Funcom hereby irrevocably consent to the exclusive personal jurisdiction of that court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who purchased a license to the Game in, and are a resident of, Canada, Australia, Singapore, New Zealand or outside the United States, other laws may apply with respect to the mandatory arbitration provisions set forth above, and in such an event, shall only affect this Agreement only to the extent required by such jurisdiction.
14. Dispute Resolution.
a. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), You and Funcom agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations shall commence upon written notice from one party to the other. Funcom will send its notice to Your billing address and email You a copy to the email address You have provided to us. You will send Your notice to Funcom, c/o Funcom Legal - BESTUMSTUBBEN 11 N-0281 OSLO, NORWAY.
b. Binding Arbitration and Exceptions. If You and Funcom are unable to resolve a Dispute through informal negotiations, the Dispute finally and exclusively resolved by binding arbitration as contemplated herein and shall be binding upon You and Funcom. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, You and Funcom may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Notwithstanding the preceding, You and Funcom agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of Your or Funcom's (or its affiliates or licensee's) intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. For such Disputes as listed in 15(b)(1), (2) and (3), Funcom may at its sole discretion have the Dispute tried by a court in Your jurisdiction to obtain a judgment enforceable in your jurisdiction.
c. Restrictions. You and Funcom agree that any arbitration under this Agreement shall be limited to the Dispute between Funcom and You individually. TO THE FULL EXTENT PERMITTED BY LAW, (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
d. Process. Process may be served on either party in the manner authorized by applicable law or court rule. In any action to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and other expenses
15. Assignment and Beneficiaries. Funcom may assign all or any portion of this Agreement and its rights and obligations hereunder, in whole or in part, to any person or entity at any time, with or without your consent and without notice to you. You may not assign all or any portion of this Agreement. Any unauthorized assignment by you shall be null and void. This Agreement will inure to the benefit of Funcom and its successors and assigns. Funcom's subsidiaries and other affiliates are intended to be a third party beneficiaries of the provisions of this Agreement.
16. Survival. Sections 3-6 and 8-19 of this Agreement shall survive termination hereof without limit of time to the extent admissible under applicable law.
17. Execution. In order to execute this Agreement, you must click “Accept” or wording indicating your acceptance for this Agreement. The Agreement with you will not be kept on file by Funcom, and will therefore not be accessible for You. The Agreement will be executed in the English language.
18. Entire Agreement. This Agreement (together with the agreements referenced herein) constitute the complete and exclusive agreement between Funcom and You with respect to the subject matter thereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.
I hereby acknowledge, confirm and agree where relevant that (i) that I have read and understand the foregoing Agreement, (ii) I am at least 18 years of age, AND if I am not at least of the age of majority in my place of residence, I have obtained all necessary parental consent to enter into and be bound by this Agreement, and (iii) I agree that by clicking “Accept” (or other wording indicating my acceptance) or installing the Software, I am acknowledging my agreement to be bound by the terms and conditions of this Agreement.
If You do NOT qualify or do NOT agree to be bound by this Agreement, click “DECLINE” or refrain from clicking similar terms indicative of acceptance.
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