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PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA” OR “AGREEMENT“) CAREFULLY. THIS SOFTWARE IS LICENSED, NOT SOLD. BY PARTICIPATING IN THE GAME OR BY USING THE www.eternalcrusade.com WEBSITE AND RELATED WEBPAGES (THE “WEBSITE”), YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS AGREEMENT (IF APPLICABLE) AND DO NOT CONTINUE THE USE OF THIS SOFTWARE OR PARTICIPATE IN THE GAME OR USE THE WEBSITE.
This software program, and any files that are delivered to you by BHVR via on-line transmission or otherwise to “patch”, update, or otherwise modify the software program (the “Game Client”), as well as any printed materials and any online or electronic documentation (the “Manual”), and any and all copies and derivative works of the Game Client and Manual (collectively, with the “Game Client” and the Manual, the “Game Material”) for the game Eternal Crusade and related modules (the “Game”) is the copyrighted work of Behaviour Digital Inc., or any of its subsidiaries and affiliates, and their licensors (collectively, “BHVR”). Any and all uses of the Game are governed by the following (herein, collectively, “BHVR Terms”) (i) the terms of this EULA, (ii) the Terms of Service available at www.eternalcrusade.com, (iii) BHVR’s Privacy Policy available at www.eternalcrusade.com/privacy, as any of the foregoing may be amended from time to time, together with any posted rules or instructions regarding a particular activity, poll, or other offering. The Terms of Service and the BHVR Privacy Policy are incorporated herein by this reference. The Game is distributed solely for use by authorized end users according to the BHVR Terms. Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of this EULA is expressly prohibited.
I. Limited Use License
Subject to your agreement and continuing compliance with the BHVR Terms, BHVR hereby grants to you a limited, personal, nonexclusive, nontransferable, non-assignable and fully revocable license to (a) install the Game Client on one or more computers owned by you or under your legitimate control, and (b) use the Game Client in conjunction with the online service and website www.eternalcrusade.com (hereafter the “Website”) for your non-commercial entertainment purposes only. You must accept the Terms of Service on the Website, or, if applicable, on the next following screen to use the Game Client and to play the Game.
You agree that you will not, under any circumstances:
In whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game Material; provided, however, that you may make copies of the Game Client and the Manuals for personal purposes only;
Use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Game experience;
Exploit the Game or any of its parts, including without limitation the Game Client, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site; (b) for gathering in-game virtual, items or resources for sale outside the Game; or © performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
Use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through the Game or the Website, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that BHVR may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
Modify or cause to be modified any files that are a part of the Game Client in any way not expressly authorized by BHVR;
Intercept, emulate or redirect the communication protocols used by BHVR in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
Facilitate, create or maintain any unauthorized connection to the Game or the Website, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Website; and (b) any connection using programs or tools not expressly approved by BHVR;
Sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, or rent, lease or license the Game to others.
II. BHVR Ownership
“Content” as used herein includes (1) software, software updates or patches, or other utilities and tools from BHVR or its licensors (“BHVR Software”) and (2) other software, technology, text and audio visual material, the design and appearance of the Website. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user Accounts , and methods of operation. Content is provided by BHVR and its licensors, and may also be contributed as User Content (see Section below) by you or third parties, including other users of EC Services.
Content on EC Services is owned by BHVR or BHVR’s third party licensors and is protected by UK and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from a BHVR Service unless our terms expressly authorize you to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content. BHVR reserves all rights in BHVR owned and licensed Content that are not expressly granted to you in BHVR Terms. You acknowledge that BHVR and/or third-party content providers remain the owners of all materials posted on the Website and in the Game, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Making unauthorized copies of Content found on EC Services may result in the termination of your Account(s), prohibition on use of EC Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless BHVR from any unauthorized or illegal conduct by you, or through the use of your Account, on EC Services.
III. Patches and Updates
IMPORTANT: BHVR MAY FIND IT NECESSARY TO MAKE UPDATES, OR PATCHES TO THE GAME CLIENT, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF EC SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. BHVR RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
IV. Duration of Online Services
This Game is an online game that must be played over the Internet through the Website as provided by BHVR. You understand and agree that the Website is provided by BHVR at its discretion and may be terminated or otherwise discontinued by BHVR pursuant to the Terms of Service.
V. Consent to Monitor
When you play the Game, or participate in any other EC Service, including the communication features on the Website, your IP address (the Internet protocol address from which you access any of the above) may be stored in our records. When the Game, or any element or module thereof, is updated or “patched,” our patch routine may check your computer to see that you have the most recent version of game-specific files; when you communicate within the Game or any communication feature in the Game or on the Website (e.g. live chat, instant message services and the like), even “privately” to another person, you do so with the understanding that those communications go through our servers, can be monitored by us. Accordingly, you have no expectation of privacy in any of those communications and, accordingly, you expressly consent to monitoring of communications that you send and receive. You may view the BHVR Privacy Policy www.eternalcrusade.com/privacy.
BHVR is using EasyAntiCheat anti-cheat service (“EasyAntiCheat”), which is operated by a third-party service provider offering services to BHVR. EasyAntiCheat has a client software (“Client”) that is integrated into the Game. When you start a new Game session the Client will automatically load and install its latest version to the computer. When you are using the Game on your computer EasyAntiCheat is monitoring the computer, analyzing the Game binaries and scanning the memory of the computer for the purpose of detecting and preventing cheating in the Game (“Purpose”). For the Purpose EasyAntiCheat is storing information regarding cheating methods used in the Game (“Data”). By installing, copying, or otherwise using this Game, you give your consent that EasyAntiCheat may gather, store, share and publish Data for the sole purpose of the Purpose. The Data will be used solely for the Purpose including but not limited to identifying and banning players who are cheating in computer games, analyzing cheating behavior and cheating codes as well as sharing data about cheats with affiliates of EasyAntiCheat. You are entitled to use the Game (i.e. Software Product) only in accordance with these terms and conditions and privacy statement of EasyAntiCheat.
You will find more information about the privacy practices of EasyAntiCheat on the privacy statement of EasyAntiCheat at www.easyanticheat.net/privacy. If you deny EasyAntiCheat to process your personal data in accordance with the said privacy statement or request EasyAntiCheat to remove or delete your personal data, BHVR, EasyAntiCheat or a third party (appointed by BHVR or EasyAntiCheat) has a right to block your access to the Game and prevent your use of the Game.
You agree that we may communicate with you via telephone, email and any similar technology for any purpose relating to the Game, and any EC Service or BHVR Software which may in the future be provided by us or on our behalf. You expressly permit BHVR to upload CPU, operating system, video card, sound card and memory information from your computer to analyze and optimize your Game experience, improve and maintain the Game and/or provide you with customer service. In the event that the Game detects an unauthorized third party program, (a) the Game may communicate information back to us, including without limitation your Account username, details about the unauthorized third party program detected and the activities or functions performed thereby, and/or (b) we may exercise any or all of its rights and remedies under the BHVR Terms without prior notice to the user(s) linked to such unauthorized third party program.
VI. Disclaimers & Indemnification
A. Limitations on Warranty & Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME, THE WEBSITE, OR ANY OTHER EC SERVICES, BHVR SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. EC SERVICES, BHVR SOFTWARE, BHVR’S PRODUCTS AND THIRD PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. BHVR PROVIDES EC SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE EC SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT BHVR WILL HAVE ADEQUATE CAPACITY FOR EC SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA OR THAT THE EC SERVICES WILL BE ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE EC SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENT. USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BHVR OR ITS LICENSORS IS TO STOP USING BHVR SERVICES, AND TO CANCEL YOUR BHVR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT BHVR, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY BHVR SERVICES OR USE OF BHVR SOFTWARE. IN NO CASE SHALL BHVR OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “BHVR AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO BHVR FOR EC SERVICES. IN NO CASE SHALL BHVR OR BHVR AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL. OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF EC SERVICES, BHVR SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF EC SERVICES OR ACCOUNTS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BHVR’S AND BHVR AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. BHVR DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH BHVR AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
B. Indemnification
Upon BHVR’s request, you agree to defend, indemnify and hold harmless BHVR and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of this EULA, or any other EC Terms, for which you are responsible or in connection with your distribution of any Content on or through EC Services. Without limiting the generality of the foregoing, you agree to indemnify and hold BHVR harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of BHVR Services and for all of your communication and activity on BHVR Services, including any User Content you contribute, and that you will indemnify and hold harmless BHVR, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on BHVR Services, including any User Content that you contribute.
BHVR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to BHVR in that matter.
VII. Dispute Resolution
A. Equitable Remedies
You hereby acknowledge and agree that BHVR would suffer irreparable harm if this EULA or any of the BHVR Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that BHVR shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this EULA or any other BHVR Terms. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this EULA or the BHVR Terms and consistent with the terms of this Section, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
B. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA or any other BHVR Terms (“Dispute”), you and BHVR agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. BHVR will send its notice to your billing address (if provided) and email you a copy to the email address you have provided to us. You agree to send your notice to Behaviour Digital Inc., 416 Maisonneuve West, Suite 600 Montreal, Quebec, H3A 1L2 Canada, Attn: Legal Department with a copy via email to support@eternalcrusade.com.
C. Formal Dispute Resolution
If you and BHVR are unable to resolve a Dispute through informal negotiations, either you or BHVR may elect to have the Dispute finally and exclusively resolved by the courts of the Province of Quebec.
VIII. Termination
This EULA (and all subsequent modifications, if any) shall remain effective until terminated. Both you and BHVR may terminate this EULA at any time for any reason or for no reason. Termination by BHVR will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the Game, which it may do at any time in its sole discretion. You may terminate this EULA (and, consequently, your Account, at any time by notifying BHVR at support. Upon termination of this Agreement, your right to use the BHVR Services shall immediately cease. The following provisions shall survive any termination of this Agreement: Sections IV; V.A, B, D, and E; VII. , VIII, and X.
IX. General Terms
A. Remedies
You agree that this EULA is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this EULA. You also understand and agree that this EULA, the Terms of Service, the BHVR Privacy Policy, and any other BHVR Terms, including BHVR‘s enforcement thereof, are not intended to confer, and do not confer, any rights or remedies upon any person.
B. Severability
If any part of this EULA or the BHVR Terms is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of BHVR, and the remaining portions shall remain in full force and effect.
C. Assignment
BHVR may assign this EULA, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this EULA without BHVR’s prior written consent, and any unauthorized assignment by you shall be null and void.
D. Waiver
The failure of BHVR to exercise or enforce any right or provision of this EULA or any BHVR Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by BHVR of any provision, condition or requirement of this EULA or any EC Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
E. Force Majeure
BHVR shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of BHVR, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond BHVR’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
F. Governing Law
The laws of Quebec, excluding its conflicts-of-law rules, govern this EULA, any other EC Terms, and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with BHVR or relating in any way to this EULA, any other BHVR Terms, your Account(s), or your use of any BHVR Services resides in the Courts of the Province of Quebec, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Province of Quebec in connection with any such dispute including any claim involving BHVR or its affiliates, employees, contractors, officers, directors, vendors and content providers. As noted in the Terms of Service, your conduct may also be subject to other local, state, national, and international laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
G. Entire Agreement
This EULA, the Terms of Service, the BHVR Privacy Policy, and any other BHVR Terms constitute the entire agreement between you and BHVR relating to your rights and obligations in the use of EC Services. If there is any conflict between this EULA, the Terms of Service, the BHVR Privacy Policy, and any other BHVR Terms, BHVR shall resolve the conflict in its sole discretion.
I hereby acknowledge that I have read and understand the foregoing EULA and agree that by clicking “Accept” I am acknowledging my agreement to be bound by the terms and conditions of this EULA.
This software program, and any files that are delivered to you by BHVR via on-line transmission or otherwise to “patch”, update, or otherwise modify the software program (the “Game Client”), as well as any printed materials and any online or electronic documentation (the “Manual”), and any and all copies and derivative works of the Game Client and Manual (collectively, with the “Game Client” and the Manual, the “Game Material”) for the game Eternal Crusade and related modules (the “Game”) is the copyrighted work of Behaviour Digital Inc., or any of its subsidiaries and affiliates, and their licensors (collectively, “BHVR”). Any and all uses of the Game are governed by the following (herein, collectively, “BHVR Terms”) (i) the terms of this EULA, (ii) the Terms of Service available at www.eternalcrusade.com, (iii) BHVR’s Privacy Policy available at www.eternalcrusade.com/privacy, as any of the foregoing may be amended from time to time, together with any posted rules or instructions regarding a particular activity, poll, or other offering. The Terms of Service and the BHVR Privacy Policy are incorporated herein by this reference. The Game is distributed solely for use by authorized end users according to the BHVR Terms. Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of this EULA is expressly prohibited.
I. Limited Use License
Subject to your agreement and continuing compliance with the BHVR Terms, BHVR hereby grants to you a limited, personal, nonexclusive, nontransferable, non-assignable and fully revocable license to (a) install the Game Client on one or more computers owned by you or under your legitimate control, and (b) use the Game Client in conjunction with the online service and website www.eternalcrusade.com (hereafter the “Website”) for your non-commercial entertainment purposes only. You must accept the Terms of Service on the Website, or, if applicable, on the next following screen to use the Game Client and to play the Game.
You agree that you will not, under any circumstances:
In whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game Material; provided, however, that you may make copies of the Game Client and the Manuals for personal purposes only;
Use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Game experience;
Exploit the Game or any of its parts, including without limitation the Game Client, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site; (b) for gathering in-game virtual, items or resources for sale outside the Game; or © performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
Use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through the Game or the Website, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that BHVR may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
Modify or cause to be modified any files that are a part of the Game Client in any way not expressly authorized by BHVR;
Intercept, emulate or redirect the communication protocols used by BHVR in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
Facilitate, create or maintain any unauthorized connection to the Game or the Website, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Website; and (b) any connection using programs or tools not expressly approved by BHVR;
Sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, or rent, lease or license the Game to others.
II. BHVR Ownership
“Content” as used herein includes (1) software, software updates or patches, or other utilities and tools from BHVR or its licensors (“BHVR Software”) and (2) other software, technology, text and audio visual material, the design and appearance of the Website. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user Accounts , and methods of operation. Content is provided by BHVR and its licensors, and may also be contributed as User Content (see Section below) by you or third parties, including other users of EC Services.
Content on EC Services is owned by BHVR or BHVR’s third party licensors and is protected by UK and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from a BHVR Service unless our terms expressly authorize you to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content. BHVR reserves all rights in BHVR owned and licensed Content that are not expressly granted to you in BHVR Terms. You acknowledge that BHVR and/or third-party content providers remain the owners of all materials posted on the Website and in the Game, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Making unauthorized copies of Content found on EC Services may result in the termination of your Account(s), prohibition on use of EC Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless BHVR from any unauthorized or illegal conduct by you, or through the use of your Account, on EC Services.
III. Patches and Updates
IMPORTANT: BHVR MAY FIND IT NECESSARY TO MAKE UPDATES, OR PATCHES TO THE GAME CLIENT, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF EC SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. BHVR RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
IV. Duration of Online Services
This Game is an online game that must be played over the Internet through the Website as provided by BHVR. You understand and agree that the Website is provided by BHVR at its discretion and may be terminated or otherwise discontinued by BHVR pursuant to the Terms of Service.
V. Consent to Monitor
When you play the Game, or participate in any other EC Service, including the communication features on the Website, your IP address (the Internet protocol address from which you access any of the above) may be stored in our records. When the Game, or any element or module thereof, is updated or “patched,” our patch routine may check your computer to see that you have the most recent version of game-specific files; when you communicate within the Game or any communication feature in the Game or on the Website (e.g. live chat, instant message services and the like), even “privately” to another person, you do so with the understanding that those communications go through our servers, can be monitored by us. Accordingly, you have no expectation of privacy in any of those communications and, accordingly, you expressly consent to monitoring of communications that you send and receive. You may view the BHVR Privacy Policy www.eternalcrusade.com/privacy.
BHVR is using EasyAntiCheat anti-cheat service (“EasyAntiCheat”), which is operated by a third-party service provider offering services to BHVR. EasyAntiCheat has a client software (“Client”) that is integrated into the Game. When you start a new Game session the Client will automatically load and install its latest version to the computer. When you are using the Game on your computer EasyAntiCheat is monitoring the computer, analyzing the Game binaries and scanning the memory of the computer for the purpose of detecting and preventing cheating in the Game (“Purpose”). For the Purpose EasyAntiCheat is storing information regarding cheating methods used in the Game (“Data”). By installing, copying, or otherwise using this Game, you give your consent that EasyAntiCheat may gather, store, share and publish Data for the sole purpose of the Purpose. The Data will be used solely for the Purpose including but not limited to identifying and banning players who are cheating in computer games, analyzing cheating behavior and cheating codes as well as sharing data about cheats with affiliates of EasyAntiCheat. You are entitled to use the Game (i.e. Software Product) only in accordance with these terms and conditions and privacy statement of EasyAntiCheat.
You will find more information about the privacy practices of EasyAntiCheat on the privacy statement of EasyAntiCheat at www.easyanticheat.net/privacy. If you deny EasyAntiCheat to process your personal data in accordance with the said privacy statement or request EasyAntiCheat to remove or delete your personal data, BHVR, EasyAntiCheat or a third party (appointed by BHVR or EasyAntiCheat) has a right to block your access to the Game and prevent your use of the Game.
You agree that we may communicate with you via telephone, email and any similar technology for any purpose relating to the Game, and any EC Service or BHVR Software which may in the future be provided by us or on our behalf. You expressly permit BHVR to upload CPU, operating system, video card, sound card and memory information from your computer to analyze and optimize your Game experience, improve and maintain the Game and/or provide you with customer service. In the event that the Game detects an unauthorized third party program, (a) the Game may communicate information back to us, including without limitation your Account username, details about the unauthorized third party program detected and the activities or functions performed thereby, and/or (b) we may exercise any or all of its rights and remedies under the BHVR Terms without prior notice to the user(s) linked to such unauthorized third party program.
VI. Disclaimers & Indemnification
A. Limitations on Warranty & Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME, THE WEBSITE, OR ANY OTHER EC SERVICES, BHVR SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. EC SERVICES, BHVR SOFTWARE, BHVR’S PRODUCTS AND THIRD PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. BHVR PROVIDES EC SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE EC SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT BHVR WILL HAVE ADEQUATE CAPACITY FOR EC SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA OR THAT THE EC SERVICES WILL BE ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE EC SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENT. USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BHVR OR ITS LICENSORS IS TO STOP USING BHVR SERVICES, AND TO CANCEL YOUR BHVR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT BHVR, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY BHVR SERVICES OR USE OF BHVR SOFTWARE. IN NO CASE SHALL BHVR OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “BHVR AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO BHVR FOR EC SERVICES. IN NO CASE SHALL BHVR OR BHVR AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL. OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF EC SERVICES, BHVR SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF EC SERVICES OR ACCOUNTS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BHVR’S AND BHVR AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. BHVR DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH BHVR AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
B. Indemnification
Upon BHVR’s request, you agree to defend, indemnify and hold harmless BHVR and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of this EULA, or any other EC Terms, for which you are responsible or in connection with your distribution of any Content on or through EC Services. Without limiting the generality of the foregoing, you agree to indemnify and hold BHVR harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of BHVR Services and for all of your communication and activity on BHVR Services, including any User Content you contribute, and that you will indemnify and hold harmless BHVR, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on BHVR Services, including any User Content that you contribute.
BHVR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to BHVR in that matter.
VII. Dispute Resolution
A. Equitable Remedies
You hereby acknowledge and agree that BHVR would suffer irreparable harm if this EULA or any of the BHVR Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that BHVR shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this EULA or any other BHVR Terms. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this EULA or the BHVR Terms and consistent with the terms of this Section, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
B. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA or any other BHVR Terms (“Dispute”), you and BHVR agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. BHVR will send its notice to your billing address (if provided) and email you a copy to the email address you have provided to us. You agree to send your notice to Behaviour Digital Inc., 416 Maisonneuve West, Suite 600 Montreal, Quebec, H3A 1L2 Canada, Attn: Legal Department with a copy via email to support@eternalcrusade.com.
C. Formal Dispute Resolution
If you and BHVR are unable to resolve a Dispute through informal negotiations, either you or BHVR may elect to have the Dispute finally and exclusively resolved by the courts of the Province of Quebec.
VIII. Termination
This EULA (and all subsequent modifications, if any) shall remain effective until terminated. Both you and BHVR may terminate this EULA at any time for any reason or for no reason. Termination by BHVR will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the Game, which it may do at any time in its sole discretion. You may terminate this EULA (and, consequently, your Account, at any time by notifying BHVR at support. Upon termination of this Agreement, your right to use the BHVR Services shall immediately cease. The following provisions shall survive any termination of this Agreement: Sections IV; V.A, B, D, and E; VII. , VIII, and X.
IX. General Terms
A. Remedies
You agree that this EULA is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this EULA. You also understand and agree that this EULA, the Terms of Service, the BHVR Privacy Policy, and any other BHVR Terms, including BHVR‘s enforcement thereof, are not intended to confer, and do not confer, any rights or remedies upon any person.
B. Severability
If any part of this EULA or the BHVR Terms is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of BHVR, and the remaining portions shall remain in full force and effect.
C. Assignment
BHVR may assign this EULA, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this EULA without BHVR’s prior written consent, and any unauthorized assignment by you shall be null and void.
D. Waiver
The failure of BHVR to exercise or enforce any right or provision of this EULA or any BHVR Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by BHVR of any provision, condition or requirement of this EULA or any EC Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
E. Force Majeure
BHVR shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of BHVR, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond BHVR’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
F. Governing Law
The laws of Quebec, excluding its conflicts-of-law rules, govern this EULA, any other EC Terms, and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with BHVR or relating in any way to this EULA, any other BHVR Terms, your Account(s), or your use of any BHVR Services resides in the Courts of the Province of Quebec, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Province of Quebec in connection with any such dispute including any claim involving BHVR or its affiliates, employees, contractors, officers, directors, vendors and content providers. As noted in the Terms of Service, your conduct may also be subject to other local, state, national, and international laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
G. Entire Agreement
This EULA, the Terms of Service, the BHVR Privacy Policy, and any other BHVR Terms constitute the entire agreement between you and BHVR relating to your rights and obligations in the use of EC Services. If there is any conflict between this EULA, the Terms of Service, the BHVR Privacy Policy, and any other BHVR Terms, BHVR shall resolve the conflict in its sole discretion.
I hereby acknowledge that I have read and understand the foregoing EULA and agree that by clicking “Accept” I am acknowledging my agreement to be bound by the terms and conditions of this EULA.