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END USER LICENCE AGREEMENT
PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the videogame, application, software, their associated upgrades, patches, and updates and related services (the “Product”) currently provided or which will be provided by EUGEN SYSTEMS SA.
This EULA sets out the basis on which EUGEN SYSTEMS makes the Products available to you (“User” or ”You”) and on which You may use them. EUGEN SYSTEMS’s Privacy Policy (« Privacy Policy ») which can be found on https://www.eugensystems.com/, forms an integral part of this EULA. By installing or using the Product, You agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all time. If You do not agree with one of these, please do not install or use the Product.
If You have a EUGEN SYSTEMS Account which can be found on https://www.eugensystems.com/ (“Terms of Use”), this EULA shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern.
EUGEN SYSTEMS reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 8.
Capitalized terms used in this EULA without definition shall have the meanings specified in the Terms of Use.
1. GRANT OF LICENSE
1.1 EUGEN SYSTEMS (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or EUGEN SYSTEMS terminates this EULA. You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a license to do so from EUGEN SYSTEMS. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.
As applicable, certain parts of the Product may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms: for instance, if the Product is featuring a VoIP application, then You must comply with the associated wireless data service agreement when using the Product. Please review such additional terms and costs carefully.
1.2 You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivative works of this Product (except if the Product enable You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply Terms of Use), in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online multiplayer game or in a single player game over the internet or in local area network); (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.
1.3 While using the Product, You agree to comply will all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by EUGEN SYSTEMS. In all cases, You may only use the Product according to anticipated use of the Product.
For example purposes, and without limiting EUGEN SYSTEMS’s rights to take action against You, You may not:
a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;
c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in or be involved in any way in an attack on EUGEN SYSTEMS’s servers and/or the Product and/or those of its service providers and partners;
d. create, supply or use alternative methods of using the Products, for example server emulators;
e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
f. transmitting or communicating any material or content which, in the sole and exclusive discretion of EUGEN SYSTEMS, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
g. harassing or threatening any other users in the Product;
h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of EUGEN SYSTEMS’s personnel;
i. falsely claim to be an employee or representative of EUGEN SYSTEMS or its partners and/or agents;
j. falsely claim an endorsement in connection with the Product or with EUGEN SYSTEMS.
2.OWNERSHIP
All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by EUGEN SYSTEMS or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, EUGEN SYSTEMS’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without EUGEN SYSTEMS’s prior permission and, if applicable, EUGEN SYSTEMS’s licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by EUGEN SYSTEMS.
This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
3. ACCESS TO THE PRODUCT
3.1 THE PRODUCT MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). IN SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE PRODUCT WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR COMPUTER; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR COMPUTER ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE PRODUCT THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL EUGEN SYSTEMS BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON YOUR COMPUTER BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE PRODUCT. AN INTERNET CONNECTION, A STEAM ACCOUNT AND INSTALLATION OF THE STEAM CLIENT SOFTWARE (https://steamproxy.com/steamstore/) AND REGISTRATION WITH ENCLOSED SINGLE-USE SERIAL CODE MAY BE REQUIRED TO PLAY AND ACCESS ONLINE SERVICES AND FEATURES OF THIS PRODUCT. RESTRICTIONS OF AGE MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL LAWS.
4.CONSENT TO MONITOR
When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third party programs prohibited by Section 1 that interact with the Product. In the event that the Product detects such an unauthorized third party program, information may be communicated back to EUGEN SYSTEMS, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third party program, this License and Your access to the Product may be terminated with or without additional notice to You.
However, please note that EUGEN SYSTEMS is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product, including in game chats. Such communications are the sole responsibility of the user in question.
5.WARRANTY DISCLAIMER, LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. EUGEN SYSTEMS EUGEN SYSTEMS’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. EUGEN SYSTEMS DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL EUGEN SYSTEMS, EUGEN SYSTEMS’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH EUGEN SYSTEMS OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, EUGEN SYSTEMS’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT EUGEN SYSTEMS, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO EUGEN SYSTEMS FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION 6 SHALL AFFECT EUGEN SYSTEMS’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM EUGEN SYSTEMS’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR PURPOSES OF THIS SECTION 6, EUGEN SYSTEMS’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
6.INDEMNITY
You are solely responsible for any damage caused to EUGEN SYSTEMS, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of this EULA.
You hereby agree to defend, indemnify and keep indemnified eugen systems and its affiliates, their licensors, channel partners and associated service providers and their subcontractors against any claim or alleged claims, liabilities, losses damages and all costs (including lawyers’ fees), directly or indirectly attributable to your fault and/or resulting from (a) a violation of any provision of this eula or (b) your use or misuse of the product. EUGEN SYSTEMS reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify EUGEN SYSTEMS. The provisions of this Section 7 shall remain in force after termination of this EULA.
7.TERMINATION
The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and EUGEN SYSTEMS (or its licensors) may terminate this EULA, at any time, for any reason. Termination by EUGEN SYSTEMS will be effective upon (a) notice to You or (b) termination of Your EUGEN SYSTEMS Account (if any) or (c) at the time of EUGEN SYSTEMS’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
8.CHANGES TO THIS EULA OR TO THE PRODUCT
EUGEN SYSTEMS reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on https://www.eugensystems.com/. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
EUGEN SYSTEMS may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that EUGEN SYSTEMS may stop to support previous versions of the Product upon availability of an updated version. EUGEN SYSTEMS’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. EUGEN SYSTEMS also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product.
9.MISCELLANEOUS
10.1 Control of exports
You are not allowed to export, download or re-export the Product to any country (citizens or residents) which is the object of any embargo in force.
10.2 Personal data
EUGEN SYSTEMS may request a certain amount of nominative information and personal data at the time of subscription to the Online Services (such as name, email address and contact details). EUGEN SYSTEMS and its business partners, if any, may also collect technical personal data (such as your IP address, your connection logs) for the purposes of registering to, maintenance and technical support of the Product and Online Services.
Personal data collected in this framework are processed pursuant to the Data Protection and Freedom of Information Act of 6 January 1978 amended, pertaining to electronic data, files and freedoms (hereinafter referred to as the "Data Protection and Freedom of Information Act") and the EU Parliament General Data Protection Regulation of 14 April 2016 (the "GDPR").
Files including this data, collected for the sole purpose of registration and subscription to the Online Services provided and maintained by EUGEN SYSTEMS, acting in the capacity of data controller, shall be destroyed following the end of the present Licence Agreement and/or following unsubscription from the Online Services.
The processing of the personal data is based on a legitimate interest of EUGEN SYSTEMS and its business parters, in order to provide the best game experience in the most equitable way possible. Moreover, the processing of your personal data is necessary for the performance of this End-User License Agreement.
Pursuant to the provisions set forth under the Data Protection and Freedom of Information Act and the GDPR, you have, among other prerogatives, a right to access, amend and object to any nominative information concerning you which you can exercise at any time by making a written request to the following address [email protected].
To know more about your rights and how EUGEN SYSTEMS protects your personal data, please consult our Privacy Policy.
10.3 Redress in equity
You hereby accept that EUGEN SYSTEMS shall suffer irreparable damages in such instance as the terms and conditions of the present Licence Agreement are not strictly applied and, consequently, you hereby accept that EUGEN SYSTEMS may, without any obligation, guarantee or proof of damages, legitimately claim appropriate redress in equity pertaining to infringements of the present Licence Agreement, as well as other means of redress which EUGEN SYSTEMS may have, by virtue of applicable law.
10.4 Integrality
The Licence Agreement constitutes the entire commitment of both parties in addition to any potential specific terms and conditions of use. Any amendments, alterations or modifications of the present Licence Agreement may be established solely by way of a written agreement specifying said amendment, alteration or modification and signed by both parties.
10.5 Invalidity
In such instance as one or more stipulations in the present Licence Agreement are or should become null and void, in whole or in part, by virtue of any law, regulation or following any definitive decision by a competent jurisdiction, all other stipulations shall retain their full effect.
10.6 Force majeure
EUGEN SYSTEMS shall under no circumstances be held liable for any case of force majeure or fortuitous incident, as defined by article 1148 of the Civil Code and case law as handed down by French Courts, making it impossible for EUGEN SYSTEMS to perform its obligations by virtue of the present Licence Agreement.
10.7 Applicable law
The Product and/or Online Services is planned for use and should only be used in those countries in which such use is legally permitted. Within the limitations for which provision is made by applicable law in the country where you use and/or have acquired the Product and/or Online Services, this Licence Agreement is governed by French law.
In such instance as French law cannot be applied in the country where you use and/or have acquired the Product and/or Online Services, the following provisions shall be applicable. In such instance as you should acquire the Product in the USA, the present Licence Agreement shall be governed by the laws in the State of Pennsylvania. If the Product is purchased in Canada, the present Licence Agreement shall be governed pursuant to the laws in force in the Province of Ontario, Canada, notwithstanding the prohibition expressly indicated by local law; and pertaining to any dispute resulting from these present, you expressly accept to be governed by the jurisdiction of the Federal and Provincial Courts in Toronto, Ontario. If you purchase the Product in any other county, local legislation shall be applicable.
For any questions concerning this EULA, you may contact EUGEN SYSTEMS at the following address: [email protected].
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.
PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the videogame, application, software, their associated upgrades, patches, and updates and related services (the “Product”) currently provided or which will be provided by EUGEN SYSTEMS SA.
This EULA sets out the basis on which EUGEN SYSTEMS makes the Products available to you (“User” or ”You”) and on which You may use them. EUGEN SYSTEMS’s Privacy Policy (« Privacy Policy ») which can be found on https://www.eugensystems.com/, forms an integral part of this EULA. By installing or using the Product, You agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all time. If You do not agree with one of these, please do not install or use the Product.
If You have a EUGEN SYSTEMS Account which can be found on https://www.eugensystems.com/ (“Terms of Use”), this EULA shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern.
EUGEN SYSTEMS reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 8.
Capitalized terms used in this EULA without definition shall have the meanings specified in the Terms of Use.
1. GRANT OF LICENSE
1.1 EUGEN SYSTEMS (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or EUGEN SYSTEMS terminates this EULA. You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a license to do so from EUGEN SYSTEMS. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.
As applicable, certain parts of the Product may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms: for instance, if the Product is featuring a VoIP application, then You must comply with the associated wireless data service agreement when using the Product. Please review such additional terms and costs carefully.
1.2 You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivative works of this Product (except if the Product enable You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply Terms of Use), in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online multiplayer game or in a single player game over the internet or in local area network); (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.
1.3 While using the Product, You agree to comply will all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by EUGEN SYSTEMS. In all cases, You may only use the Product according to anticipated use of the Product.
For example purposes, and without limiting EUGEN SYSTEMS’s rights to take action against You, You may not:
a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;
c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in or be involved in any way in an attack on EUGEN SYSTEMS’s servers and/or the Product and/or those of its service providers and partners;
d. create, supply or use alternative methods of using the Products, for example server emulators;
e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
f. transmitting or communicating any material or content which, in the sole and exclusive discretion of EUGEN SYSTEMS, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
g. harassing or threatening any other users in the Product;
h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of EUGEN SYSTEMS’s personnel;
i. falsely claim to be an employee or representative of EUGEN SYSTEMS or its partners and/or agents;
j. falsely claim an endorsement in connection with the Product or with EUGEN SYSTEMS.
2.OWNERSHIP
All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by EUGEN SYSTEMS or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, EUGEN SYSTEMS’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without EUGEN SYSTEMS’s prior permission and, if applicable, EUGEN SYSTEMS’s licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by EUGEN SYSTEMS.
This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
3. ACCESS TO THE PRODUCT
3.1 THE PRODUCT MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). IN SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE PRODUCT WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR COMPUTER; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR COMPUTER ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE PRODUCT THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL EUGEN SYSTEMS BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON YOUR COMPUTER BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE PRODUCT. AN INTERNET CONNECTION, A STEAM ACCOUNT AND INSTALLATION OF THE STEAM CLIENT SOFTWARE (https://steamproxy.com/steamstore/) AND REGISTRATION WITH ENCLOSED SINGLE-USE SERIAL CODE MAY BE REQUIRED TO PLAY AND ACCESS ONLINE SERVICES AND FEATURES OF THIS PRODUCT. RESTRICTIONS OF AGE MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL LAWS.
4.CONSENT TO MONITOR
When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third party programs prohibited by Section 1 that interact with the Product. In the event that the Product detects such an unauthorized third party program, information may be communicated back to EUGEN SYSTEMS, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third party program, this License and Your access to the Product may be terminated with or without additional notice to You.
However, please note that EUGEN SYSTEMS is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product, including in game chats. Such communications are the sole responsibility of the user in question.
5.WARRANTY DISCLAIMER, LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. EUGEN SYSTEMS EUGEN SYSTEMS’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. EUGEN SYSTEMS DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL EUGEN SYSTEMS, EUGEN SYSTEMS’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH EUGEN SYSTEMS OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, EUGEN SYSTEMS’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT EUGEN SYSTEMS, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO EUGEN SYSTEMS FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION 6 SHALL AFFECT EUGEN SYSTEMS’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM EUGEN SYSTEMS’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR PURPOSES OF THIS SECTION 6, EUGEN SYSTEMS’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
6.INDEMNITY
You are solely responsible for any damage caused to EUGEN SYSTEMS, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of this EULA.
You hereby agree to defend, indemnify and keep indemnified eugen systems and its affiliates, their licensors, channel partners and associated service providers and their subcontractors against any claim or alleged claims, liabilities, losses damages and all costs (including lawyers’ fees), directly or indirectly attributable to your fault and/or resulting from (a) a violation of any provision of this eula or (b) your use or misuse of the product. EUGEN SYSTEMS reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify EUGEN SYSTEMS. The provisions of this Section 7 shall remain in force after termination of this EULA.
7.TERMINATION
The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and EUGEN SYSTEMS (or its licensors) may terminate this EULA, at any time, for any reason. Termination by EUGEN SYSTEMS will be effective upon (a) notice to You or (b) termination of Your EUGEN SYSTEMS Account (if any) or (c) at the time of EUGEN SYSTEMS’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
8.CHANGES TO THIS EULA OR TO THE PRODUCT
EUGEN SYSTEMS reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on https://www.eugensystems.com/. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
EUGEN SYSTEMS may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that EUGEN SYSTEMS may stop to support previous versions of the Product upon availability of an updated version. EUGEN SYSTEMS’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. EUGEN SYSTEMS also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product.
9.MISCELLANEOUS
10.1 Control of exports
You are not allowed to export, download or re-export the Product to any country (citizens or residents) which is the object of any embargo in force.
10.2 Personal data
EUGEN SYSTEMS may request a certain amount of nominative information and personal data at the time of subscription to the Online Services (such as name, email address and contact details). EUGEN SYSTEMS and its business partners, if any, may also collect technical personal data (such as your IP address, your connection logs) for the purposes of registering to, maintenance and technical support of the Product and Online Services.
Personal data collected in this framework are processed pursuant to the Data Protection and Freedom of Information Act of 6 January 1978 amended, pertaining to electronic data, files and freedoms (hereinafter referred to as the "Data Protection and Freedom of Information Act") and the EU Parliament General Data Protection Regulation of 14 April 2016 (the "GDPR").
Files including this data, collected for the sole purpose of registration and subscription to the Online Services provided and maintained by EUGEN SYSTEMS, acting in the capacity of data controller, shall be destroyed following the end of the present Licence Agreement and/or following unsubscription from the Online Services.
The processing of the personal data is based on a legitimate interest of EUGEN SYSTEMS and its business parters, in order to provide the best game experience in the most equitable way possible. Moreover, the processing of your personal data is necessary for the performance of this End-User License Agreement.
Pursuant to the provisions set forth under the Data Protection and Freedom of Information Act and the GDPR, you have, among other prerogatives, a right to access, amend and object to any nominative information concerning you which you can exercise at any time by making a written request to the following address [email protected].
To know more about your rights and how EUGEN SYSTEMS protects your personal data, please consult our Privacy Policy.
10.3 Redress in equity
You hereby accept that EUGEN SYSTEMS shall suffer irreparable damages in such instance as the terms and conditions of the present Licence Agreement are not strictly applied and, consequently, you hereby accept that EUGEN SYSTEMS may, without any obligation, guarantee or proof of damages, legitimately claim appropriate redress in equity pertaining to infringements of the present Licence Agreement, as well as other means of redress which EUGEN SYSTEMS may have, by virtue of applicable law.
10.4 Integrality
The Licence Agreement constitutes the entire commitment of both parties in addition to any potential specific terms and conditions of use. Any amendments, alterations or modifications of the present Licence Agreement may be established solely by way of a written agreement specifying said amendment, alteration or modification and signed by both parties.
10.5 Invalidity
In such instance as one or more stipulations in the present Licence Agreement are or should become null and void, in whole or in part, by virtue of any law, regulation or following any definitive decision by a competent jurisdiction, all other stipulations shall retain their full effect.
10.6 Force majeure
EUGEN SYSTEMS shall under no circumstances be held liable for any case of force majeure or fortuitous incident, as defined by article 1148 of the Civil Code and case law as handed down by French Courts, making it impossible for EUGEN SYSTEMS to perform its obligations by virtue of the present Licence Agreement.
10.7 Applicable law
The Product and/or Online Services is planned for use and should only be used in those countries in which such use is legally permitted. Within the limitations for which provision is made by applicable law in the country where you use and/or have acquired the Product and/or Online Services, this Licence Agreement is governed by French law.
In such instance as French law cannot be applied in the country where you use and/or have acquired the Product and/or Online Services, the following provisions shall be applicable. In such instance as you should acquire the Product in the USA, the present Licence Agreement shall be governed by the laws in the State of Pennsylvania. If the Product is purchased in Canada, the present Licence Agreement shall be governed pursuant to the laws in force in the Province of Ontario, Canada, notwithstanding the prohibition expressly indicated by local law; and pertaining to any dispute resulting from these present, you expressly accept to be governed by the jurisdiction of the Federal and Provincial Courts in Toronto, Ontario. If you purchase the Product in any other county, local legislation shall be applicable.
For any questions concerning this EULA, you may contact EUGEN SYSTEMS at the following address: [email protected].
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.