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BANDAI NAMCO GAMES EUROPE PROJECT CARS
END USER LICENSE AGREEMENT (“EULA”)
IMPORTANT - READ CAREFULLY:
This End User License Agreement (“EULA”) may be updated from time to time. Your continued use of this software after a revised version has been posted or communicated to you constitutes acceptance by you of its terms.
THE BANDAI NAMCO GAMES’ VIDEO GAME YOU ARE USING (WHICH INCLUDES COMPUTER GAME, MEDIA, AND RELATED DOCUMENTATION IN PRINTED OR ELECTRONIC FORM) IS LICENSED TO YOU ON THE TERMS SET FORTH BELOW, WHICH CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BANDAI NAMCO GAMES EUROPE ("BNGE”). BY PLAYING THE VIDEO GAME (EITHER ON YOUR LOCAL MACHINE OR ONLINE), AND/OR INSTALLING OR OTHERWISE USING THE GAME PROGRAM, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT WITH BNGE.
The Project CARS Version, including without limitation any multi-player, online or downloadable portions thereof (the “Game”) is protected by the copyright laws of France, international copyright treaties and conventions and other laws. The Game is licensed, and not sold, and this agreement confers no title or ownership to the Game program or any copy thereof. In addition to the terms and conditions hereof, when using particular portions of the Game, including without limitation any multi-player, online, or downloadable content, you may be subject to additional guidelines of third party service providers.
1. PRECONDITIONS OF THE LICENSE. The grant of license as set forth in Section 2 below is specifically conditioned upon the following:
a. You have accepted all of the terms in this EULA, and any additional terms as may be applicable to the Game you are playing, which is evidenced by your use of the Game;
b. You have accepted all of the terms stipulated by Steam, which is evidenced by your use of the Game;
c. You will comply with all of the terms in this EULA until such time as you have completed and permanently terminated your use of the Game by deleting all aspects of the Game from your machine (e.g., account deletion, deletion of Game-related files, destruction of the physical media on which the copy of the Game in your possession exists, etc.);
d. You will use the Game only on a local machine, running validly licensed copies of operating systems on which the Game was designed to operate (the “Hardware”); and
e. You will refrain from using any hacks, cracks, bots, or third party Game which may modify, temporarily or permanently, the code or the user experience of the Game, whether on your local machine or on servers which enable use of any features of the Game.
2. LIMITED USE LICENSE. BNGE grants you the non-exclusive, non-transferable, revocable, limited right and license to use one copy of the Game solely for your personal use with the Hardware. Commercial use of the Game is prohibited. To play the Game and/or access any online content related to the Game, you must have legally obtained the Game from BNGE, and all applicable or required Hardware and/or third party game to operate the Game and/or access any online, multi-player or download portion of the Game (which we do not provide). You are responsible for paying all fees and taxes for any Hardware and other costs you may incur to access the Game, including internet service or other third party charges required to access any multi-player, online or downloadable portions of the Game (if applicable). Neither this agreement nor use of the Game entitles you to any future releases of the Game, nor to any expansions, sequels, or similar or ancillary products. BNGE may, in its sole discretion, change, modify, suspend, or discontinue the Game or any aspect of the Game at any time. BNGE may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Game. You understand that the Game is provided by BNGE at its discretion and may be terminated or otherwise discontinued by BNGE at any time without notice.
3. OWNERSHIP. All intellectual property rights in and to the Game (including but not limited to video, audio and other content incorporated therein or later downloaded) and title to any and all copies thereof are owned by BNGE or its licensors, and you receive no right or interest therein other than the limited license in Section 2 hereof.
You may not do any of the following:
• Copy the Game except for a single backup copy;
• Sell, rent, lease, license, distribute or otherwise transfer or make the Game available to any other person, in whole or in part, or use the Game or any part thereof in any commercial context, including but not limited to use on a commercial website, or in a service bureau, "cyber cafe", computer gaming center or any other commercial location in which multiple users who have not each separately purchased the Game may access the Game program. BNGE may offer a separate site license agreement to permit you to make the Game available for commercial use; see the contact information below;
• Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game or any online portion thereof, in whole or in part;
• Remove, disable or circumvent any proprietary notices or labels contained on or within the Game or any online portion thereof; or
• Export or re-export the Game or any copy or adaptation in violation of any applicable French export restrictions or other laws or regulations.
4. SECURITY MEASURES/PROTECTIONS.
Certain security measures may be required in order for you to make full use of the Game, including without limitation the requirement to register the Game with a serial code, the requirement to have continual access to the Internet; and/or the acceptance of security/digital rights management features. Failure to accept the security measures may partially or completely impair your use of the Game.
5. ONLINE CONDUCT.
5.1 BNGE does not pre-screen content that may be posted or online chats and does not assume any responsibility or liability for content that is generated by users in connection with the Game. BNGE does not assume any liability for any failure to remove, or any delay in removing, content. However, we reserve the right to remove or request that the third party service provider remove content that is objectionable to us for any reason. This determination is in our sole discretion and is final. If BNGE objects to content that you created, BNGE may in its sole discretion (either itself or if applicable by request to the third party service provider): (i) remove content; (ii) give warnings; (iii) restrict your access when you break the rules; or (iv) suspend or terminate your use without any notice to you. In addition, BNGE, may, in its sole discretion, terminate this agreement, in part, immediately and without notice if your online conduct breaches this agreement or infringes any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us. If we terminate this agreement under these circumstances, you will lose access to any online portions of the Game.
5.2 You agree that you will be personally responsible for your use of the Game, and for all of your communication and activity in connection with Game, including any content you contribute, and that you will indemnify and hold harmless BNGE, its licensors and each of their respective parents, affiliates, and subsidiary companies and the employees, officers, and directors of each from any liability or damages arising from your conduct in the connection with the Game.
5.3 BNGE retains the right to suspend your access to the Game without previous notification if you violate the terms of this EULA. You will violate this EULA if you (or others using your online account) do any of the following:
• Post, transmit, promote, or distribute content that violates any law or regulation.
• Harass, threaten, embarrass, or do anything else to another user that is unwanted.
• Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.
• Violate any rules communicated by BNGE from time to time.
• Promote or encourage any illegal activity including hacking.
• Disclose your own or other users’ personal information.
• Impersonate any person or entity, including any BNGE officials, forum leaders, guides, hosts, employees or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Impede or disrupt the Game or the normal flow of game play or dialogue, or use vulgar language, abusiveness, use of excessive shouting (ALL CAPS) "spamming" or any other disruptive or detrimental methods in an attempt to disturb other users.
• Cheat or utilize unauthorized exploits in connection with the Game.
• Use or exploit any bugs, errors, or design flaws to obtain unauthorized access to the Game or to gain an unfair advantage over other players.
• Trade, sell, auction or otherwise transfer any virtual items or goods of any nature outside the Game.
• Violate any applicable laws including but not limited to copyrights and trademarks, regulations and rules wherever you are using the Game. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse.
• Do anything that interferes with the ability of other users to enjoy playing the Game in accordance with its rules, or that materially increases the expense or difficulty of BNGE, or the third party service provider (if applicable), in maintaining the Game for the enjoyment of all its users.
• Intentionally disconnecting from the network during online play, or allowing yourself to be defeated by a given player repeatedly to help boost their rankings or win counts.
6. USER-GENERATED CONTENT.
In exchange for use of the Game, and to the extent that your contributions through use of the Game give rise to any copyright interest, you hereby grant BNGE an exclusive, perpetual, irrevocable, royalty-free, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Game and related goods and services including the rights to reproduce, copy, adapt, modify, perform, create derivative works from, display, publish, broadcast, transmit, or otherwise use, distribute, exploit and communicate to the public by any and all means and media whether now known or hereafter devised without any further notice or compensation of any kind to you for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. To the extent permitted by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to BNGE’s and other players’ use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. The license grant to BNGE, and the above waiver of any applicable moral rights, survives any termination or revocation of this EULA.
7. COMMUNITY EVENTS.
The Game includes a section called « Community Events » which is operated by the licensor of the Game: Slightly Mad Studios. Through this section Slightly Mad Studios allows to the player to win prizes by means of recurrent events. BANDAI NAMCO does not control such section, and is not responsible whether it be for events held or for prices allocated.
If you have any questions or issues concerning the Community Events, please contact Slightly Mad Studios through its customer service at:
info@slightlymadstudios.com
+44 (0) 207 252 1843
Slightly Mad Studios Ltd
5th Floor Mill House
8 Mill Street
London
SE1 2BA
8. LIMITATION ON DAMAGES.
8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BNGE, ITS PARENT, SUBSIDIARIES, SUPPLIERS OR LICENSORS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE POSSESSION, USE OF OR INABILITY TO USE THE GAME OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCTS LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT, OR ANY OTHER THEORY. IN ANY CASE, BNGE'S AND ITS LICENSORS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME.
8.2 BNGE AND ITS LICENSORS MAKE NO PROMISE OR WARRANTY THAT THE GAME WILL WORK PROPERLY. YOU ACKNOWLEDGE AND AGREE THAT BNGE AND ITS LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE GAME, (2) ANY INCOMPATIBILITY BETWEEN THE GAME, AND OTHER SERVICES, GAME AND HARDWARE, OR (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE GAME IN AN ACCURATE OR TIMELY MANNER. THE GAME, AND ALL OTHER SERVICES ARE PROVIDED “AS IS.” EXCEPT AS DESCRIBED HEREIN OR IN OUR LIMITED WARRANTY ACCOMPANYING THE GAME, BNGE AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BNGE does not ensure continuous, error free, secure or virus-free operation of any online, multi-player or downloadable portions of the Game or continued operation or availability of any given server.
8.3 BNGE is not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, BNGE cannot and does not promise or ensure that you will be able to access the online, multi-player or downloadable portions of the Game whenever you want, and there may be extended periods of time when you cannot access such portions of the Game.
9. TERMINATION/SUPSENSION OF POINTS AND SERVICE. Without prejudice to any other rights of BNGE, if you fail to comply with the terms and conditions of this agreement, including but not limited to carrying out the violations named in Section 5.3 of this EULA, BNGE shall have the right, at its sole discretion, to either terminate or suspend immediately this EULA or decrease your allocation of awarded points without notice. You have no property or ownership interest in points awarded through the Game. If BNGE terminates this EULA or suspends your access to the Game under these circumstances, you will: (i) lose access to the Game upon termination and/or for the duration of the suspension and/or (ii) lose the balance of any moneys and/or credits that may be in your account. In the event the EULA is terminated, you must destroy all copies of the Game and all of its component parts.
10. PRIVACY. BNGE respects your privacy rights and is committed to protecting your personal information. Any personal information supplied by you to BNGE online or via any BNGE controlled website will be subject to the privacy policy posted at www.bandainamcogames.eu. Notwithstanding what is stated in the privacy policy, if you use any online services, such as online play or the downloading and uploading of content, BNGE and its affiliates may also collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players.
11. INJUNCTION. Because BNGE would be irreparably damaged if the terms of this agreement were not specifically enforced, you agree that BNGE and/or its licensors shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this agreement, in addition to such other remedies as BNGE may otherwise have under applicable laws.
12. INDEMNITY. You agree to indemnify, defend and hold BNGE, its licensors and each of their respective partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Game pursuant to the terms of this agreement.
13. APPLICABLE LAW AND JURISDICTION. This Agreement shall be interpreted in accordance with and governed by the laws of France. Any dispute arising in connection with this Agreement, which cannot be settled amicably after reasonable efforts, shall be submitted to the jurisdiction of the Commercial Court of Lyon.
14. MISCELLANEOUS. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. BNGE’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between BNGE and you with respect to the subject matter hereof.
15. RELATIONSHIP TO OTHER TERMS OF USE. This EULA applies to all online service, content, Games, and products, and may be incorporated in to additional Game-specific terms of use. In the event of a conflict between this EULA and a Game-specific terms of use document, this EULA shall control (unless specifically stated otherwise in the Game-specific terms of use).
If you have any questions concerning this license, you may contact BNGE through BNGE customer service at www.bandainamcogames.eu or BNGE, 21/23 rue du petit albi, CS 48470, 95808 CERGY-PONTOISE Cedex – France.
END USER LICENSE AGREEMENT (“EULA”)
IMPORTANT - READ CAREFULLY:
This End User License Agreement (“EULA”) may be updated from time to time. Your continued use of this software after a revised version has been posted or communicated to you constitutes acceptance by you of its terms.
THE BANDAI NAMCO GAMES’ VIDEO GAME YOU ARE USING (WHICH INCLUDES COMPUTER GAME, MEDIA, AND RELATED DOCUMENTATION IN PRINTED OR ELECTRONIC FORM) IS LICENSED TO YOU ON THE TERMS SET FORTH BELOW, WHICH CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BANDAI NAMCO GAMES EUROPE ("BNGE”). BY PLAYING THE VIDEO GAME (EITHER ON YOUR LOCAL MACHINE OR ONLINE), AND/OR INSTALLING OR OTHERWISE USING THE GAME PROGRAM, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT WITH BNGE.
The Project CARS Version, including without limitation any multi-player, online or downloadable portions thereof (the “Game”) is protected by the copyright laws of France, international copyright treaties and conventions and other laws. The Game is licensed, and not sold, and this agreement confers no title or ownership to the Game program or any copy thereof. In addition to the terms and conditions hereof, when using particular portions of the Game, including without limitation any multi-player, online, or downloadable content, you may be subject to additional guidelines of third party service providers.
1. PRECONDITIONS OF THE LICENSE. The grant of license as set forth in Section 2 below is specifically conditioned upon the following:
a. You have accepted all of the terms in this EULA, and any additional terms as may be applicable to the Game you are playing, which is evidenced by your use of the Game;
b. You have accepted all of the terms stipulated by Steam, which is evidenced by your use of the Game;
c. You will comply with all of the terms in this EULA until such time as you have completed and permanently terminated your use of the Game by deleting all aspects of the Game from your machine (e.g., account deletion, deletion of Game-related files, destruction of the physical media on which the copy of the Game in your possession exists, etc.);
d. You will use the Game only on a local machine, running validly licensed copies of operating systems on which the Game was designed to operate (the “Hardware”); and
e. You will refrain from using any hacks, cracks, bots, or third party Game which may modify, temporarily or permanently, the code or the user experience of the Game, whether on your local machine or on servers which enable use of any features of the Game.
2. LIMITED USE LICENSE. BNGE grants you the non-exclusive, non-transferable, revocable, limited right and license to use one copy of the Game solely for your personal use with the Hardware. Commercial use of the Game is prohibited. To play the Game and/or access any online content related to the Game, you must have legally obtained the Game from BNGE, and all applicable or required Hardware and/or third party game to operate the Game and/or access any online, multi-player or download portion of the Game (which we do not provide). You are responsible for paying all fees and taxes for any Hardware and other costs you may incur to access the Game, including internet service or other third party charges required to access any multi-player, online or downloadable portions of the Game (if applicable). Neither this agreement nor use of the Game entitles you to any future releases of the Game, nor to any expansions, sequels, or similar or ancillary products. BNGE may, in its sole discretion, change, modify, suspend, or discontinue the Game or any aspect of the Game at any time. BNGE may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Game. You understand that the Game is provided by BNGE at its discretion and may be terminated or otherwise discontinued by BNGE at any time without notice.
3. OWNERSHIP. All intellectual property rights in and to the Game (including but not limited to video, audio and other content incorporated therein or later downloaded) and title to any and all copies thereof are owned by BNGE or its licensors, and you receive no right or interest therein other than the limited license in Section 2 hereof.
You may not do any of the following:
• Copy the Game except for a single backup copy;
• Sell, rent, lease, license, distribute or otherwise transfer or make the Game available to any other person, in whole or in part, or use the Game or any part thereof in any commercial context, including but not limited to use on a commercial website, or in a service bureau, "cyber cafe", computer gaming center or any other commercial location in which multiple users who have not each separately purchased the Game may access the Game program. BNGE may offer a separate site license agreement to permit you to make the Game available for commercial use; see the contact information below;
• Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game or any online portion thereof, in whole or in part;
• Remove, disable or circumvent any proprietary notices or labels contained on or within the Game or any online portion thereof; or
• Export or re-export the Game or any copy or adaptation in violation of any applicable French export restrictions or other laws or regulations.
4. SECURITY MEASURES/PROTECTIONS.
Certain security measures may be required in order for you to make full use of the Game, including without limitation the requirement to register the Game with a serial code, the requirement to have continual access to the Internet; and/or the acceptance of security/digital rights management features. Failure to accept the security measures may partially or completely impair your use of the Game.
5. ONLINE CONDUCT.
5.1 BNGE does not pre-screen content that may be posted or online chats and does not assume any responsibility or liability for content that is generated by users in connection with the Game. BNGE does not assume any liability for any failure to remove, or any delay in removing, content. However, we reserve the right to remove or request that the third party service provider remove content that is objectionable to us for any reason. This determination is in our sole discretion and is final. If BNGE objects to content that you created, BNGE may in its sole discretion (either itself or if applicable by request to the third party service provider): (i) remove content; (ii) give warnings; (iii) restrict your access when you break the rules; or (iv) suspend or terminate your use without any notice to you. In addition, BNGE, may, in its sole discretion, terminate this agreement, in part, immediately and without notice if your online conduct breaches this agreement or infringes any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us. If we terminate this agreement under these circumstances, you will lose access to any online portions of the Game.
5.2 You agree that you will be personally responsible for your use of the Game, and for all of your communication and activity in connection with Game, including any content you contribute, and that you will indemnify and hold harmless BNGE, its licensors and each of their respective parents, affiliates, and subsidiary companies and the employees, officers, and directors of each from any liability or damages arising from your conduct in the connection with the Game.
5.3 BNGE retains the right to suspend your access to the Game without previous notification if you violate the terms of this EULA. You will violate this EULA if you (or others using your online account) do any of the following:
• Post, transmit, promote, or distribute content that violates any law or regulation.
• Harass, threaten, embarrass, or do anything else to another user that is unwanted.
• Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.
• Violate any rules communicated by BNGE from time to time.
• Promote or encourage any illegal activity including hacking.
• Disclose your own or other users’ personal information.
• Impersonate any person or entity, including any BNGE officials, forum leaders, guides, hosts, employees or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Impede or disrupt the Game or the normal flow of game play or dialogue, or use vulgar language, abusiveness, use of excessive shouting (ALL CAPS) "spamming" or any other disruptive or detrimental methods in an attempt to disturb other users.
• Cheat or utilize unauthorized exploits in connection with the Game.
• Use or exploit any bugs, errors, or design flaws to obtain unauthorized access to the Game or to gain an unfair advantage over other players.
• Trade, sell, auction or otherwise transfer any virtual items or goods of any nature outside the Game.
• Violate any applicable laws including but not limited to copyrights and trademarks, regulations and rules wherever you are using the Game. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse.
• Do anything that interferes with the ability of other users to enjoy playing the Game in accordance with its rules, or that materially increases the expense or difficulty of BNGE, or the third party service provider (if applicable), in maintaining the Game for the enjoyment of all its users.
• Intentionally disconnecting from the network during online play, or allowing yourself to be defeated by a given player repeatedly to help boost their rankings or win counts.
6. USER-GENERATED CONTENT.
In exchange for use of the Game, and to the extent that your contributions through use of the Game give rise to any copyright interest, you hereby grant BNGE an exclusive, perpetual, irrevocable, royalty-free, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Game and related goods and services including the rights to reproduce, copy, adapt, modify, perform, create derivative works from, display, publish, broadcast, transmit, or otherwise use, distribute, exploit and communicate to the public by any and all means and media whether now known or hereafter devised without any further notice or compensation of any kind to you for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. To the extent permitted by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to BNGE’s and other players’ use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. The license grant to BNGE, and the above waiver of any applicable moral rights, survives any termination or revocation of this EULA.
7. COMMUNITY EVENTS.
The Game includes a section called « Community Events » which is operated by the licensor of the Game: Slightly Mad Studios. Through this section Slightly Mad Studios allows to the player to win prizes by means of recurrent events. BANDAI NAMCO does not control such section, and is not responsible whether it be for events held or for prices allocated.
If you have any questions or issues concerning the Community Events, please contact Slightly Mad Studios through its customer service at:
info@slightlymadstudios.com
+44 (0) 207 252 1843
Slightly Mad Studios Ltd
5th Floor Mill House
8 Mill Street
London
SE1 2BA
8. LIMITATION ON DAMAGES.
8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BNGE, ITS PARENT, SUBSIDIARIES, SUPPLIERS OR LICENSORS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE POSSESSION, USE OF OR INABILITY TO USE THE GAME OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCTS LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT, OR ANY OTHER THEORY. IN ANY CASE, BNGE'S AND ITS LICENSORS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME.
8.2 BNGE AND ITS LICENSORS MAKE NO PROMISE OR WARRANTY THAT THE GAME WILL WORK PROPERLY. YOU ACKNOWLEDGE AND AGREE THAT BNGE AND ITS LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE GAME, (2) ANY INCOMPATIBILITY BETWEEN THE GAME, AND OTHER SERVICES, GAME AND HARDWARE, OR (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE GAME IN AN ACCURATE OR TIMELY MANNER. THE GAME, AND ALL OTHER SERVICES ARE PROVIDED “AS IS.” EXCEPT AS DESCRIBED HEREIN OR IN OUR LIMITED WARRANTY ACCOMPANYING THE GAME, BNGE AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BNGE does not ensure continuous, error free, secure or virus-free operation of any online, multi-player or downloadable portions of the Game or continued operation or availability of any given server.
8.3 BNGE is not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, BNGE cannot and does not promise or ensure that you will be able to access the online, multi-player or downloadable portions of the Game whenever you want, and there may be extended periods of time when you cannot access such portions of the Game.
9. TERMINATION/SUPSENSION OF POINTS AND SERVICE. Without prejudice to any other rights of BNGE, if you fail to comply with the terms and conditions of this agreement, including but not limited to carrying out the violations named in Section 5.3 of this EULA, BNGE shall have the right, at its sole discretion, to either terminate or suspend immediately this EULA or decrease your allocation of awarded points without notice. You have no property or ownership interest in points awarded through the Game. If BNGE terminates this EULA or suspends your access to the Game under these circumstances, you will: (i) lose access to the Game upon termination and/or for the duration of the suspension and/or (ii) lose the balance of any moneys and/or credits that may be in your account. In the event the EULA is terminated, you must destroy all copies of the Game and all of its component parts.
10. PRIVACY. BNGE respects your privacy rights and is committed to protecting your personal information. Any personal information supplied by you to BNGE online or via any BNGE controlled website will be subject to the privacy policy posted at www.bandainamcogames.eu. Notwithstanding what is stated in the privacy policy, if you use any online services, such as online play or the downloading and uploading of content, BNGE and its affiliates may also collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players.
11. INJUNCTION. Because BNGE would be irreparably damaged if the terms of this agreement were not specifically enforced, you agree that BNGE and/or its licensors shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this agreement, in addition to such other remedies as BNGE may otherwise have under applicable laws.
12. INDEMNITY. You agree to indemnify, defend and hold BNGE, its licensors and each of their respective partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Game pursuant to the terms of this agreement.
13. APPLICABLE LAW AND JURISDICTION. This Agreement shall be interpreted in accordance with and governed by the laws of France. Any dispute arising in connection with this Agreement, which cannot be settled amicably after reasonable efforts, shall be submitted to the jurisdiction of the Commercial Court of Lyon.
14. MISCELLANEOUS. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. BNGE’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between BNGE and you with respect to the subject matter hereof.
15. RELATIONSHIP TO OTHER TERMS OF USE. This EULA applies to all online service, content, Games, and products, and may be incorporated in to additional Game-specific terms of use. In the event of a conflict between this EULA and a Game-specific terms of use document, this EULA shall control (unless specifically stated otherwise in the Game-specific terms of use).
If you have any questions concerning this license, you may contact BNGE through BNGE customer service at www.bandainamcogames.eu or BNGE, 21/23 rue du petit albi, CS 48470, 95808 CERGY-PONTOISE Cedex – France.