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PLEASE READ THIS EULA CAREFULLY. IF YOU DO NOT AGREE TO ALL THE TERMS CONTAINED (OR REFERENCED) HEREIN, YOU ARE NOT PERMITTED TO OPEN, DOWNLOAD, INSTALL, COPY, OR USE THE RUNE II SOFTWARE (“SOFTWARE”).
BY OPENING, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, AND ANY OTHER MATERIALS INCLUDED WITH THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA WITH RAGNAROK GAME LLC (“LICENSOR”), AS WELL AS THE PRIVACY POLICY LOCATED AT /privacy/ AND TERMS OF SERVICE LOCATED AT /tos/ WHICH ARE BOTH INCORPORATED INTO THIS EULA BY REFERENCE.
This limited software license agreement (“EULA”) may be periodically updated; the most current version is posted at /eula/ Your continued use of the Software following such posting constitutes your acceptance of its terms.
LICENSE
Subject to this EULA and its terms and conditions, Licensor hereby grants you a nonexclusive, non-transferable, limited, and revocable license to use one copy of the Software for your personal, non-commercial use for gameplay in connection with Rune II (“Game”). Your license rights are subject to your full and uninterrupted compliance with this EULA. The term of the license under this EULA commences on the date that you install or otherwise use the Software and ends upon the earlier date of (i) your disposal of the Software; or (ii) termination by Licensor (for more information, see below).
The Software is licensed, not sold, to you. You hereby acknowledge that no title or ownership in the Software is being transferred or assigned, and this EULA does not represent a sale of any individual rights in the Software to you. Licensor 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, artwork, sound effects, musical works, and moral rights (“Assets”). The Software may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without prior written consent from Licensor. The Software contains certain licensed materials, for which other licensors may also assert their rights against you in the event of any violation of this EULA. All rights not expressly granted under this EULA are reserved by Licensor and, as applicable, its licensors.
The license to the Software is a non-transferable license to use the Software only on an applicable device that you own or control. You represent that you are not located in any U.S.-embargoed countries or other geographical areas or on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s list or Entity List.
LICENSE CONDITIONS
You agree not to:
Commercially exploit the Software or any Assets;
Distribute, lease, license, sell, rent, or otherwise transfer or assign the Software, or any copies of the Software, without the express prior written consent of Licensor or as expressly set forth in this EULA;
Copy the Software or any part thereof (other than as set forth herein);
Make any copy of the Software available on a network for use or download by multiple users;
Except as otherwise specifically authorized under this EULA, 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;
Copy the Software without authorization onto a hard drive or other storage device in order to bypass the requirement to run the Software from the included CD-ROM or DVD-ROM;
Reverse engineer, decompile, disassemble, display, perform, prepare derivate works based on, or otherwise modify the Software, in whole or in part;
Remove or modify any proprietary notices, marks, or labels contained on or within the Software;
Restrict or inhibit any other, authorized user from using and enjoying any online features of the Software;
Cheat or utilize any unauthorized code, robot, spider, or other program in connection with any online features of the Software;
Violate any terms, policies, licenses, or code of conduct for any online features; or
Transport, export, or re-export (directly or indirectly) into any country forbidden to receive the Software by any U.S. export laws or regulations or US. Economic sanctions or otherwise violate any laws or regulations or the laws of the country in which the Software was obtained, which may be amended from time to time.
TECHNICAL PROTECTIONS
The Software may include measures to control access to the Software, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Such measures may include incorporating license management, product activation, and other security technology in the Software and monitoring usage, including, but not limited to, time, date, access, or other controls, counters, serial numbers, and/or other security devices designed to prevent the unauthorized access, use, and copying of the Software, or any portions or components thereof, including any violations of this EULA. Licensor reserves the right to monitor use of the Software as Licensor deems appropriate. You may not interfere with such access control measures or attempt to disable or circumvent such security features, and if you do, the Software may not function properly. Additional terms and registration may be required to access online services and to download Software updates and patches. Only Software subject to a valid license can be used to access online services, including downloading updates and patches. Except as otherwise prohibited by applicable law, Licensor may limit, suspend, or terminate the license granted hereunder and access to the Software, including, but not limited to, any related services and products, at any time, in any manner, and in Licensor’s sole discretion.
USER CREATED CONTENT
The Software may allow you to create content for the Game. In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright interest, you hereby grant Licensor an exclusive, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Software and related goods and services, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, and otherwise communicate to the public by any means available, and distribute your contributions without any further notice or compensation to you of any kind. You hereby waive and agree never to assert any rights or claims with respect to Licensor’s and other players’ use and enjoyment of such assets in connection with the Software and related goods and services. This license grant to Licensor, and terms above regarding any applicable moral rights, survive any termination of this EULA and shall inure to the benefit of Licensor.
MODIFICATIONS (“MODS”)
Any new tools written for the Game are free to be used by Licensor and other authorized users; Mods and plugins for the Game cannot be sold or otherwise commercially-exploited by users. Such uses are not approved or endorsed by Licensor, and should not be described as such without Licensor’s express authorization. By making any content available on or through our Game, you are providing your irrevocable permission for Licensor and authorized users to license, use, copy, modify and adapt that content. Any content you make available on our Game must be your original creation and, by making it available, you represent and warrant that it does not infringe the rights of anyone else.
USER ACCOUNTS
In order to use the Software or a software feature, or for certain features of the Software to operate properly, you may be required to have and maintain a valid and active user account with an online service, such as a third-party gaming platform or social network account (“Third Party Account”), or an account with Licensor. If you do not maintain such accounts, then certain features of the Software may not operate or may cease to function properly, either in whole or in part. The Software may also require you to create a Software-specific user account with Licensor (“User Account”) in order to access the Software and its functionality and features. Your User Account login may be associated with a Third Party Account. You are responsible for all use and the security of your User Accounts and any Third Party Accounts that you use to access and utilize the Software.
SOFTWARE STORE TERMS
This EULA and the provision of the Software through any Software Store are subject to the additional terms and conditions set forth in or required by the applicable Software Store and, where applicable and consistent with Licensor’s intent, such applicable terms and conditions are incorporated herein by this reference. Licensor is not responsible or liable to you for any credit card or bank-related charges or other charges or fees related to your purchase transactions within the Software or through a Software Store. All such transactions are administered by the Software Store, not Licensor. Licensor expressly disclaims any liability for any such transactions, and you agree that your sole remedy regarding all transactions is through such Software Store, not Licensor. You must comply with the Software Store Terms of Service and any other Software Store applicable rules or policies.
INFORMATION COLLECTION, USAGE & SHARING
For the purpose all data privacy issues, including the collection, use, disclosure, and transfer of your personal information and other information, please visit the governing Privacy Policy terms located at /privacy/
NO WARRANTY
LICENSOR PROVIDES THE SOFTWARE TO YOU AS IS AND AS AVAILABLE. THIS MEANS YOU USE THE SOFTWARE AT YOUR OWN RISK AND DISCRETION AND THE SOFTWARE DOES NOT COME WITH ANY WARRANTY, INCLUDING, BUT NOT LIMITED TO ANY EXPRESS, OR IMPLIED WARRANTIES OF ANY KIND, IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY TITLE OR NON-INFRINGEMENT.
INDEMNITY
You agree to indemnify, defend, and hold Licensor, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents harmless from all damages, losses, and expenses arising directly or indirectly from your acts and omissions when using the Software pursuant to the terms of this EULA.
IN NO EVENT WILL LICENSOR BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, 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, OR LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE.
IN NO EVENT SHALL LICENSOR’S LIABILITY EXCEED THE AMOUNT PAID BY YOU TO LICENSOR FOR THE SOFTWARE AT ISSUE.
WE DO NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM OUR NETWORK AND OTHER PORTIONS OF THE INTERNET, WIRELESS NETWORKS, OR OTHER THIRD PARTY NETWORKS. ACCORDINGLY, WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THIRD PARTY ACTIONS OR INACTIONS THAT IMPAIR OR DISRUPT YOUR USE OF THE SOFTWARE AND RELATED SERVICES AND PRODUCTS.
TERMINATION
This EULA is effective until terminated by you or by the Licensor. This EULA automatically terminates when Licensor ceases to operate the Software servers, if Licensor determines or believes your use of the Software is unauthorized, inconsistent with the terms of this EULA, or otherwise fails to comply with terms and conditions stated herein (and incorporated by reference). You may also terminate this EULA by (i) requesting Licensor to terminate and delete your User Account using the method set forth in the Terms of Service; and (ii) destroying and/or deleting all copies of all Software in your possession, custody, or control. Deleting the Software will not delete the information associated with your User Account and, if you reinstall the Software using the same User Account, you may still have access to your prior User Account information. If this EULA terminates due to your violation of this EULA, Licensor may prohibit you from re-registering or re-accessing the Software. Upon any termination of this EULA, you must destroy or return the physical copy of Software to Licensor, as well as permanently destroy all copies of the Software, accompanying documentation, associated materials, and all of its component parts in your possession or control, including from any client server, computer, gaming unit, and mobile device on which it has been installed. Upon termination of this EULA, your rights to use the Software will terminate immediately, and you must cease all use of the Software. The termination of this EULA will not affect Licensor’s rights or your obligations to Licensor arising under this EULA.
DISPUTE RESOLUTION, BINDING ARBITRATION & CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS CONCERNING ANY DISPUTES REGARDING USE OF THE LICENSED WORKS BETWEEN YOU AND THE COMPANY, ITS PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.
California law governs this EULA, without reference to its conflict of laws principles. You agree that any suit arising from the use of the Software must take place in a court located in Los Angeles California.
Any dispute, claim or controversy arising out of or relating to this EULA or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, Licensor may seek (and obtain) injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which Licensor or its assigns may be entitled under this EULA or applicable law, in the event of any actual or threatened breach of the EULA by you or on your behalf, Licensor would be irreparably damaged if this EULA was not specially enforced and, as such, you agree that Licensor shall be entitled, without the need to post bond or other security or provide proof of damages, to obtain injunctive relief or other equitable relief in any court of competent jurisdiction. You may not, in any circumstance, seek to enjoin or limit the availability of the Software. To the full extent permitted by law: (a) no arbitration shall be joined with any other; (b) there is no right or authority for any claim related to this EULA or the Software to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons.
YOU AND LICENSOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Licensor agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS EULA, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
You may opt out of this agreement to arbitrate. If you do so, neither you nor the Licensor can require the other to participate in an arbitration proceeding. You may opt out by [mailing written notification] to us at [add postal mailing]. You must notify us in writing within 30 days of the date that you first became subject to this arbitration provision, and must include your name and residence address, the email address you use for your account (if you have one), and a clear statement that you want to opt out of this arbitration agreement. Your decision to opt-out of arbitration will have no adverse effect on your relationship with us.
Unless you choose to opt out, this dispute resolution provision in Section shall survive termination of this EULA.
MISCELLANEOUS PROVISIONS
You may not assign this EULA or any of the rights granted hereunder without the prior written consent of Licensor, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, this EULA will be fully binding upon, inure to the benefit of, and be enforceable by Licensor and its respective successors and assigns. Any failure to exercise any right provided in this EULA shall not be a waiver of prior or subsequent rights. If a court of competent jurisdiction finds any provision of this EULA invalid, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of this EULA will remain in full effect.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS EULA, YOU MAY CONTACT US IN WRITING AT: [email protected]
BY OPENING, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, AND ANY OTHER MATERIALS INCLUDED WITH THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA WITH RAGNAROK GAME LLC (“LICENSOR”), AS WELL AS THE PRIVACY POLICY LOCATED AT /privacy/ AND TERMS OF SERVICE LOCATED AT /tos/ WHICH ARE BOTH INCORPORATED INTO THIS EULA BY REFERENCE.
This limited software license agreement (“EULA”) may be periodically updated; the most current version is posted at /eula/ Your continued use of the Software following such posting constitutes your acceptance of its terms.
LICENSE
Subject to this EULA and its terms and conditions, Licensor hereby grants you a nonexclusive, non-transferable, limited, and revocable license to use one copy of the Software for your personal, non-commercial use for gameplay in connection with Rune II (“Game”). Your license rights are subject to your full and uninterrupted compliance with this EULA. The term of the license under this EULA commences on the date that you install or otherwise use the Software and ends upon the earlier date of (i) your disposal of the Software; or (ii) termination by Licensor (for more information, see below).
The Software is licensed, not sold, to you. You hereby acknowledge that no title or ownership in the Software is being transferred or assigned, and this EULA does not represent a sale of any individual rights in the Software to you. Licensor 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, artwork, sound effects, musical works, and moral rights (“Assets”). The Software may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without prior written consent from Licensor. The Software contains certain licensed materials, for which other licensors may also assert their rights against you in the event of any violation of this EULA. All rights not expressly granted under this EULA are reserved by Licensor and, as applicable, its licensors.
The license to the Software is a non-transferable license to use the Software only on an applicable device that you own or control. You represent that you are not located in any U.S.-embargoed countries or other geographical areas or on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s list or Entity List.
LICENSE CONDITIONS
You agree not to:
Commercially exploit the Software or any Assets;
Distribute, lease, license, sell, rent, or otherwise transfer or assign the Software, or any copies of the Software, without the express prior written consent of Licensor or as expressly set forth in this EULA;
Copy the Software or any part thereof (other than as set forth herein);
Make any copy of the Software available on a network for use or download by multiple users;
Except as otherwise specifically authorized under this EULA, 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;
Copy the Software without authorization onto a hard drive or other storage device in order to bypass the requirement to run the Software from the included CD-ROM or DVD-ROM;
Reverse engineer, decompile, disassemble, display, perform, prepare derivate works based on, or otherwise modify the Software, in whole or in part;
Remove or modify any proprietary notices, marks, or labels contained on or within the Software;
Restrict or inhibit any other, authorized user from using and enjoying any online features of the Software;
Cheat or utilize any unauthorized code, robot, spider, or other program in connection with any online features of the Software;
Violate any terms, policies, licenses, or code of conduct for any online features; or
Transport, export, or re-export (directly or indirectly) into any country forbidden to receive the Software by any U.S. export laws or regulations or US. Economic sanctions or otherwise violate any laws or regulations or the laws of the country in which the Software was obtained, which may be amended from time to time.
TECHNICAL PROTECTIONS
The Software may include measures to control access to the Software, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Such measures may include incorporating license management, product activation, and other security technology in the Software and monitoring usage, including, but not limited to, time, date, access, or other controls, counters, serial numbers, and/or other security devices designed to prevent the unauthorized access, use, and copying of the Software, or any portions or components thereof, including any violations of this EULA. Licensor reserves the right to monitor use of the Software as Licensor deems appropriate. You may not interfere with such access control measures or attempt to disable or circumvent such security features, and if you do, the Software may not function properly. Additional terms and registration may be required to access online services and to download Software updates and patches. Only Software subject to a valid license can be used to access online services, including downloading updates and patches. Except as otherwise prohibited by applicable law, Licensor may limit, suspend, or terminate the license granted hereunder and access to the Software, including, but not limited to, any related services and products, at any time, in any manner, and in Licensor’s sole discretion.
USER CREATED CONTENT
The Software may allow you to create content for the Game. In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright interest, you hereby grant Licensor an exclusive, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Software and related goods and services, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, and otherwise communicate to the public by any means available, and distribute your contributions without any further notice or compensation to you of any kind. You hereby waive and agree never to assert any rights or claims with respect to Licensor’s and other players’ use and enjoyment of such assets in connection with the Software and related goods and services. This license grant to Licensor, and terms above regarding any applicable moral rights, survive any termination of this EULA and shall inure to the benefit of Licensor.
MODIFICATIONS (“MODS”)
Any new tools written for the Game are free to be used by Licensor and other authorized users; Mods and plugins for the Game cannot be sold or otherwise commercially-exploited by users. Such uses are not approved or endorsed by Licensor, and should not be described as such without Licensor’s express authorization. By making any content available on or through our Game, you are providing your irrevocable permission for Licensor and authorized users to license, use, copy, modify and adapt that content. Any content you make available on our Game must be your original creation and, by making it available, you represent and warrant that it does not infringe the rights of anyone else.
USER ACCOUNTS
In order to use the Software or a software feature, or for certain features of the Software to operate properly, you may be required to have and maintain a valid and active user account with an online service, such as a third-party gaming platform or social network account (“Third Party Account”), or an account with Licensor. If you do not maintain such accounts, then certain features of the Software may not operate or may cease to function properly, either in whole or in part. The Software may also require you to create a Software-specific user account with Licensor (“User Account”) in order to access the Software and its functionality and features. Your User Account login may be associated with a Third Party Account. You are responsible for all use and the security of your User Accounts and any Third Party Accounts that you use to access and utilize the Software.
SOFTWARE STORE TERMS
This EULA and the provision of the Software through any Software Store are subject to the additional terms and conditions set forth in or required by the applicable Software Store and, where applicable and consistent with Licensor’s intent, such applicable terms and conditions are incorporated herein by this reference. Licensor is not responsible or liable to you for any credit card or bank-related charges or other charges or fees related to your purchase transactions within the Software or through a Software Store. All such transactions are administered by the Software Store, not Licensor. Licensor expressly disclaims any liability for any such transactions, and you agree that your sole remedy regarding all transactions is through such Software Store, not Licensor. You must comply with the Software Store Terms of Service and any other Software Store applicable rules or policies.
INFORMATION COLLECTION, USAGE & SHARING
For the purpose all data privacy issues, including the collection, use, disclosure, and transfer of your personal information and other information, please visit the governing Privacy Policy terms located at /privacy/
NO WARRANTY
LICENSOR PROVIDES THE SOFTWARE TO YOU AS IS AND AS AVAILABLE. THIS MEANS YOU USE THE SOFTWARE AT YOUR OWN RISK AND DISCRETION AND THE SOFTWARE DOES NOT COME WITH ANY WARRANTY, INCLUDING, BUT NOT LIMITED TO ANY EXPRESS, OR IMPLIED WARRANTIES OF ANY KIND, IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY TITLE OR NON-INFRINGEMENT.
INDEMNITY
You agree to indemnify, defend, and hold Licensor, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents harmless from all damages, losses, and expenses arising directly or indirectly from your acts and omissions when using the Software pursuant to the terms of this EULA.
IN NO EVENT WILL LICENSOR BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, 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, OR LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE.
IN NO EVENT SHALL LICENSOR’S LIABILITY EXCEED THE AMOUNT PAID BY YOU TO LICENSOR FOR THE SOFTWARE AT ISSUE.
WE DO NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM OUR NETWORK AND OTHER PORTIONS OF THE INTERNET, WIRELESS NETWORKS, OR OTHER THIRD PARTY NETWORKS. ACCORDINGLY, WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THIRD PARTY ACTIONS OR INACTIONS THAT IMPAIR OR DISRUPT YOUR USE OF THE SOFTWARE AND RELATED SERVICES AND PRODUCTS.
TERMINATION
This EULA is effective until terminated by you or by the Licensor. This EULA automatically terminates when Licensor ceases to operate the Software servers, if Licensor determines or believes your use of the Software is unauthorized, inconsistent with the terms of this EULA, or otherwise fails to comply with terms and conditions stated herein (and incorporated by reference). You may also terminate this EULA by (i) requesting Licensor to terminate and delete your User Account using the method set forth in the Terms of Service; and (ii) destroying and/or deleting all copies of all Software in your possession, custody, or control. Deleting the Software will not delete the information associated with your User Account and, if you reinstall the Software using the same User Account, you may still have access to your prior User Account information. If this EULA terminates due to your violation of this EULA, Licensor may prohibit you from re-registering or re-accessing the Software. Upon any termination of this EULA, you must destroy or return the physical copy of Software to Licensor, as well as permanently destroy all copies of the Software, accompanying documentation, associated materials, and all of its component parts in your possession or control, including from any client server, computer, gaming unit, and mobile device on which it has been installed. Upon termination of this EULA, your rights to use the Software will terminate immediately, and you must cease all use of the Software. The termination of this EULA will not affect Licensor’s rights or your obligations to Licensor arising under this EULA.
DISPUTE RESOLUTION, BINDING ARBITRATION & CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS CONCERNING ANY DISPUTES REGARDING USE OF THE LICENSED WORKS BETWEEN YOU AND THE COMPANY, ITS PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.
California law governs this EULA, without reference to its conflict of laws principles. You agree that any suit arising from the use of the Software must take place in a court located in Los Angeles California.
Any dispute, claim or controversy arising out of or relating to this EULA or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, Licensor may seek (and obtain) injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which Licensor or its assigns may be entitled under this EULA or applicable law, in the event of any actual or threatened breach of the EULA by you or on your behalf, Licensor would be irreparably damaged if this EULA was not specially enforced and, as such, you agree that Licensor shall be entitled, without the need to post bond or other security or provide proof of damages, to obtain injunctive relief or other equitable relief in any court of competent jurisdiction. You may not, in any circumstance, seek to enjoin or limit the availability of the Software. To the full extent permitted by law: (a) no arbitration shall be joined with any other; (b) there is no right or authority for any claim related to this EULA or the Software to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons.
YOU AND LICENSOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Licensor agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS EULA, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
You may opt out of this agreement to arbitrate. If you do so, neither you nor the Licensor can require the other to participate in an arbitration proceeding. You may opt out by [mailing written notification] to us at [add postal mailing]. You must notify us in writing within 30 days of the date that you first became subject to this arbitration provision, and must include your name and residence address, the email address you use for your account (if you have one), and a clear statement that you want to opt out of this arbitration agreement. Your decision to opt-out of arbitration will have no adverse effect on your relationship with us.
Unless you choose to opt out, this dispute resolution provision in Section shall survive termination of this EULA.
MISCELLANEOUS PROVISIONS
You may not assign this EULA or any of the rights granted hereunder without the prior written consent of Licensor, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, this EULA will be fully binding upon, inure to the benefit of, and be enforceable by Licensor and its respective successors and assigns. Any failure to exercise any right provided in this EULA shall not be a waiver of prior or subsequent rights. If a court of competent jurisdiction finds any provision of this EULA invalid, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of this EULA will remain in full effect.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS EULA, YOU MAY CONTACT US IN WRITING AT: [email protected]