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READ THIS END USER LICENSE AGREEMENT CAREFULLY. This End User License Agreement (« EULA ») governs your use of the video game, the application, the software and their upgrades, fixes and updates, and associated services (the “Product”) which are currently provided or will be provided later by BLACKANT MASTER STUDIO.
This EULA sets out the conditions under which BLACKANT MASTER STUDIO makes the Product available to you (the « user » or « you ») and under which you can use it. BLACKANT MASTER STUDIO’s Privacy Charter (“Privacy Charter”), which can be viewed at https://blackantmaster.com/charter-on-respect-for-the-privacy-of-blackant-master-studio/ , is an integral part of this EULA. By installing or using the Product, you agree to accept and be bound at all times by (1) this EULA and (2) the Privacy Charter. If you do not accept them, please do not install or use the Product.
If you have a BLACKANT MASTER STUDIO Account on http://www.blackantmaster.com (“Account”), this EULA coexists with the Conditions of Use and does not replace them. To the extent that the terms of this Agreement are contrary to the terms of the Terms of Use, the terms of the Terms of Use will prevail.
BLACKANT MASTER STUDIO reserves the right to change, modify, add or delete articles from this EULA at any time in accordance with the procedures described below in Section 9.
Undefined terms that begin with a capital letter in this EULA have the meanings given to them in the Terms of Use.
1. LICENSE CONCESSION.
1.1 BLACKANT MASTER STUDIO (or its licensors) grants you a personal, non-commercial, non-transferable, non-exclusive license that cannot give rise to sub-licenses, to install and / or use the Product (in whole or in part) and any Product (the “License”) until you or BLACKANT MASTER STUDIO terminate this EULA. You must in no case use or authorize a third party to use the Product or this License for commercial purposes without having obtained authorization from BLACKANT MASTER STUDIO. Updates, upgrades, fixes and modifications may be necessary to allow you to continue using the Product on certain hardware. THIS PRODUCT IS MADE AVAILABLE TO YOU AS PART OF A LICENSE, IT IS NOT SOLD TO YOU.
Where applicable, certain parts of the Product may use third-party characteristics, some of which are managed by third-party suppliers for which other conditions and / or prices may apply. You must comply with these other conditions: for example, if the Product offers a VoIP application, you must comply with the associated data service contract when you use the Product. Take note of these conditions and prices.
1.2 You will abstain from, directly or indirectly
(i) sell, lease, rent, license, distribute, market, exploit the Product or any part of it commercially,
(ii) subject this Product to reverse engineering operations, decompile it, disassemble it, adapt it, reproduce it in whole or in part or create derivative works (unless the Product allows you, by a specific functionality, to create, generate or submit User Generated Content for which you must create an Account and comply with the Terms of Use);
(iii) create, use and / or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheating” or “hacking” software programs or applications for this Product (whether as part of an online multiplayer game or a single player game on the Internet or on the local network);
(iv) delete, modify, deactivate or circumvent any indication of copyright and trademark or other information, notices or labels on the author and origin which appear in or on this Product and (v) export or re-export this Product or an adaptation copy in violation of applicable laws or regulations.
1.3 When using the Product, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct which govern your use of the Product (“Rules of Conduct”), which are not intended to be exhaustive and may be modified at any time by BLACKANT MASTER STUDIO. In any case, you can only use the Product in accordance with the intended use.
For example, and without limiting the rights of BLACKANT MASTER STUDIO to take action against you, you cannot:
at. create, use, share and / or publish by any means whatsoever in connection with the Product a document (text, words, images, sounds, videos, etc.) which would be contrary to a duty of confidentiality, which would affect a intellectual property rights or the right to the protection of the privacy of an individual or which would incite to commit an illegal act (piracy, cracking or distribution of counterfeit software in particular);
b. modify, distort or block the Product, impose an abnormal load on it, interrupt, slow down and / or interfere with the normal functioning of all or part of the Product, its accessibility for other users or the functioning of product partner networks, or attempt to do it ;
vs. transmit or propagate a virus, a Trojan horse, a worm, a bomb, a corrupted file and / or a similar destructive device or corrupted data relating to the Product, and / or organize, participate in or be involved in an attack on the servers of BLACKANT MASTER STUDIO, the Product and / or those of its service providers and partners;
d. create, provide or use other modes of use of the Product, for example server emulators;
e. spam the chat, whether for commercial or personal use, by interrupting the conversation flow through repeated posts of a similar nature;
f. transmit or communicate documents or content which, according to BLACKANT MASTER STUDIO, are considered or deemed offensive, and in particular words which are harmful, illegal, abusive, discriminatory, defamatory, contemptuous, obscene, sexually explicit, or questionable in any way racial, ethnic or otherwise;
g. harass or threaten other users of the Product;
h. abuse the help desk or claim buttons or send inaccurate reports to BLACKANT MASTER STUDIO staff members;
i. wrongly claim to be an employee or representative of BLACKANT MASTER STUDIO or its partners and / or agents;
j. wrongly take advantage of a bond in connection with the Product or BLACKANT MASTER STUDIO.
2. OWNERSHIP.
All titles, property rights and intellectual property rights relating to the Product (and in particular all text, graphics, music or sounds, all messages or information, fictional characters, names, themes, objects, landscapes, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreography, videos, audio-visual effects, domain names and all other elements that are part of the Product, alone or combined with each other) and all copies thereof would be the property of BLACKANT MASTER STUDIO or its licensors. The Product is protected by laws, copyright treaties, conventions and other laws in force at national and international level. This Product may contain licensed materials and, if so, the licensors of BLACKANT MASTER STUDIO may protect their rights in the event of breach of this Agreement. Any reproduction or representation of these elements under license in any way and for any reason whatsoever is prohibited without the prior authorization of BLACKANT MASTER STUDIO and, where applicable, the licensors and representatives of BLACKANT MASTER STUDIO. Unless expressly provided otherwise in this EULA, all rights not attributed to you under this contract are expressly reserved by BLACKANT MASTER STUDIO.
This License does not confer any rights or property in the Product and should not be construed as an assignment of rights in relation to the Product.
3. ACCESS TO THE PRODUCT.
3.1 THE PRODUCT CAN BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“GDN SOFTWARE”). IN THIS CASE, YOU AGREE AND ACKNOWLEDGE HEREBY THE FOLLOWING CONCERNING THE GDN SOFTWARE:
(I) BY INSTALLING THE PRODUCT, YOU INSTALL GDN SOFTWARE ON YOUR COMPUTER;
(II) GDN SOFTWARE MAY LIMIT THE NUMBER OF PRODUCT INSTALLATIONS;
(III) THE GDN SOFTWARE MAY INSTALL OTHER COMPONENTS ON YOUR COMPUTER WHICH ARE REQUIRED TO PROTECT IT FROM COPYING; AND
(IV) DURING THE INSTALLATION AND / OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE NECESSARY FOR THE UNLOCKING OF THE PRODUCT BY THE GDN SOFTWARE. BLACKANT MASTER STUDIO CANNOT IN ANY WAY BE RESPONSIBLE FOR COMPONENTS WHICH MAY BE INSTALLED ON YOUR COMPUTER BY GDN SOFTWARE. TO FIND OUT MORE, CONSULT THE GDN SOFTWARE WEBSITE AT THE ADDRESS INDICATED DURING THE INSTALLATION OF THE PRODUCT. AN INTERNET CONNECTION, A BLACKANT MASTER STUDIO ACCOUNT, REGISTRATION WITH THE ATTACHED SINGLE USE SERIAL CODE MAY BE NECESSARY TO PLAY AND ACCESS THE ONLINE SERVICES AND FEATURES OF THIS PRODUCT. PURSUANT TO LOCAL LAWS, AGE RESTRICTIONS MAY APPLY TO ACCESS ONLINE SERVICES AND FEATURES.
3.2 If you use the Product on a compatible Mobile Terminal, this Section 3.2 applies to you and your use of the Product:
For the purposes of this EULA, « compatible mobile terminal » means any portable device capable of connecting to the Internet to access the Product. In particular, « compatible mobile terminals » means feature phones, smartphones, tablets and personal digital assistants (PDAs).
at. Access to the Product. To use the Product on a compatible mobile terminal, you must have access to an electronic communication network. Connection costs (and in particular the costs invoiced by suppliers and / or mobile telephone operators) are your exclusive responsibility. You acknowledge that the quality of the Product, the response time or access to certain functionalities may depend on the capacities of your compatible mobile terminal and the electronic communication network. BLACKANT MASTER STUDIO will in no way be held responsible for a drop in user comfort. You acknowledge that the Product may not be available on all mobile devices or from all operators or network service providers.
b. Collection of personal data: In order to provide you with a better gaming experience, adapted services and Product assistance, BLACKANT MASTER STUDIO may collect and store data about you in relation to your use of the Product , your connection information and / or your compatible mobile terminal. Certain data is recorded, archived, analyzed and used to create user statistics. Your right to respect for private life is very important for BLACKANT MASTER STUDIO and BLACKANT MASTER STUDIO will not reveal your personal data to third parties unless you have expressly authorized us to do so or except in special circumstances. BLACKANT MASTER STUDIO may be required to communicate or share your personal data in order to fulfill a legal obligation, or to protect its rights and those of other users and third parties. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. In addition, BLACKANT MASTER STUDIO reserves the right to collect, store and use anonymous data concerning you. To find out more about how BLACKANT MASTER STUDIO uses your personal data, see our Privacy Policy.
vs. Analysis tools and technology for broadcasting advertising messages. BLACKANT MASTER STUDIO uses third-party analysis tools to collect information about your use of the Product and your gaming habits as well as those of other users. The information collected may consist, in particular, of: the unique identifier of the mobile device or other identifiers and parameters of the devices, the operator, the operating system, location information, the date and the time spent on the Product, scores obtained, metrics and statistics regarding the game, usage of features, ad conversion rate, monetization rate, purchase history and other similar information. BLACKANT MASTER STUDIO uses third-party advertising delivery technologies that may collect information by broadcasting advertising messages on the Product and that may temporarily display advertisements in the Product. The information collected and used for targeted advertising may consist, inter alia, of: age and sex, number of views of an advertisement, the unique identifier of the mobile device or other identifiers and parameters of devices , information about your use of the Product, the compatible mobile terminal, and the other websites (including third-party websites and mobile websites) that you have visited (as well as the hours and time of visit) , the advertisement (s) broadcast, the location in the game and the duration of the advertisement (s), and your response to the advertisement (s) (if applicable). Analytical tools and technologies for broadcasting advertising messages may use server log files, pixel tags, cookies, pixel tags and other technologies to collect this information and may mix information collected on other BLACKANT MASTER STUDIO Products and services to information collected on other third party websites and mobile products and services, as well as demographic studies, advertising surveys, market research and other surveys analytical. This information alone does not constitute personal data. However, if BLACKANT MASTER STUDIO mixes them with personal data, BLACKANT MASTER STUDIO will treat them as personal data under the terms of its Privacy Charter. BLACKANT MASTER STUDIO does everything in its power to offer you links to the respective privacy policies of our partners which govern the way in which their tools and technologies are used and, where it exists, the link which allows you to decline their services. .
4. ACCEPTANCE OF CHECKS.
When using the Product, the Product may monitor the RAM in your hardware to detect third-party programs not authorized and prohibited by Section 1 that interact with the Product. In the event that the Product detects an unauthorized third-party program, BLACKANT MASTER STUDIO is informed thereof, as well as the name of your Account, your IP address, details of the unauthorized third-party program detected, the time and the date the unauthorized third-party program was detected, and the specifications and performance of your hardware, with or without other notice. If the Product detects the use of an unauthorized third party program, this License and your access to the Product may be terminated, whether or not you are notified.
However, it should be noted that BLACKANT MASTER STUDIO does not endorse and assumes no responsibility for the opinions, advice and / or recommendations displayed or that you send in the Product, including in game chats. These communications are the responsibility exclusive of the user in question.
5. LIMITED WARRANTY ON THE PRODUCT PURCHASED ON A PHYSICAL SUPPORT.
If you purchased the Product on a physical medium (CD, cartridge or DVD-ROM), this Section 5 applies to you:
BLACKANT MASTER STUDIO guarantees that the physical medium that contains the Product will be free from defects in parts and workmanship for a period of ninety (90) days from the date of its purchase. In the event that the Product’s support proves to be defective during this period, BLACKANT MASTER STUDIO, at its option and free of charge, (a) will correct any defect, (b) replace the Product, (c) replace the Product with a similar product of equal or greater value (in the event that the Product is no longer manufactured by BLACKANT MASTER STUDIO or if BLACKANT MASTER STUDIO no longer has it in stock), or (d) reimburse you on presentation of written proof purchase of defective media. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY PROVIDED FOR IN THIS SECTION. When you return the Product for replacement under warranty, please send us the original disc or, as the case may be, the original cartridge or DVD only in its protective packaging and enclose:
(1) a photocopy of your dated purchase invoice;
(2) your name and return address typed or clearly printed;
(3) a small note describing the defect, the problem (s) you are experiencing as well as the hardware and system on which you are running the program.
6. ABSENCE OF GUARANTEE, LIMITATION OF LIABILITY.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU ARE USING THE PRODUCT AT YOUR OWN RISK. TO THE EXTENT TO WHICH APPLICABLE LAW ALLOWS IT, THE PRODUCT IS PROVIDED « AS IS » AND « ACCORDING TO AVAILABILITY ». BLACKANT MASTER STUDIO, ITS LICENSORS, ITS DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS MAKE NO CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR LEGAL, AND DISCLAIM ALL AS WELL AS THE OTHER TERMS, INCLUDING THESE TERMS AND CONDITIONS, INCLUDING THESE TERMS AND CONDITIONS, INCLUDING THESE TERMS AND CONDITIONS, INCLUDING THESE TERMS AND CONDITIONS, INCLUDING THESE TERMS AND CONDITIONS, INCLUDING THESE TERMS AND CONDITIONS, INCLUDING CONCERNS:
(A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SAFETY
(B) SUITABILITY FOR A PARTICULAR PURPOSE;
(C) IMPLIED GUARANTEES OF OWNERSHIP AND NON-COUNTERFEITING; (D) ITS MARKET VALUE; OR
(E) YOUR SATISFACTION. BLACKANT MASTER STUDIO DOES NOT WARRANT THAT THE PRODUCT WILL BE FREE OF INTERRUPTION OR ERROR, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE PRODUCT TO ACHIEVE THE RESULTS YOU EXPECT AS WELL AS ITS INSTALLATION, USE AND RESULTS YOU OBTAIN.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BLACKANT MASTER STUDIO, ITS LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS SHALL IN NO EVENT BE LIABLE FOR INJURY OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR SERVICE ASSOCIATED THIRD PARTY. ARE INCLUDED, WITHOUT LIMITATION
(A) ANY INJURY OF ANY KIND, WHETHER RESULTING FROM DELICTUAL LIABILITY (NEGLIGENCE AND NON-PERFORMANCE OF A LEGAL OBLIGATION INCLUDED), OF A CONTRACT, FALSE STATEMENTS (ACCIDENTAL OR NEGLECTIVE) OR AGAIN
(B) DIRECT DAMAGE;
(C) ACCIDENTAL DAMAGE,
(D) INCIDENTAL DAMAGE,
(E) CONSEQUENTIAL DAMAGES, AND
(F) INDIRECT DAMAGE.
NOTWITHSTANDING THE LIMITATIONS OF LIABILITY ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY, IN THE EVENT OF A LITIGATION WITH BLACKANT MASTER STUDIO OR ITS LICENSES, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS, CONSISTS TO STOP USING THE PRODUCT AND, IF ANY, TO ASK FOR DAMAGES AND INTEREST FOR YOUR INJURY. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT DOES NOT MEET THE APPLICABLE LEGAL WARRANTIES, BLACKANT MASTER STUDIO’S LIABILITY IS LIMITED TO REFUND (DIRECTLY OR INDIRECTLY THROUGH SENDERS OR SENDERS) ASSOCIATED SERVICES) OF THE PURCHASE PRICE OF THE PRODUCT. BLACKANT MASTER STUDIO, ITS AFFILIATED COMPANIES, LICENSORS, DISTRIBUTORS AND ASSOCIATED SERVICE PROVIDERS SHALL NOT BE LIABLE FOR DAMAGES OF AN AMOUNT GREATER THAN THE PRICE YOU PAID TO BLACKANT MASTER STUDIO FOR 12 YEARS ) MONTH PRIOR TO THE BIRTH OF YOUR REASON FOR ACTION.
NO TERM OF THIS SECTION 6 AFFECTS THE RESPONSIBILITY OF BLACKANT MASTER STUDIO IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF BLACKANT MASTER STUDIO OR IN THE EVENT OF FRAUD OR FALSE STATEMENT, OR ANY OTHER RESPONSIBILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR THE PURPOSES OF THIS SECTION 6, THE LICENSORS OF BLACKANT MASTER STUDIO, ITS DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS BENEFIT AS THIRD PARTIES OF LIABILITY SPECIFIED HEREIN AND MAY RESULT IN THIS CLUF AGAINST YOU.
7. INDEMNIFICATION.
You assume full responsibility for the damage caused to BLACKANT MASTER STUDIO, its licensors, its distribution partners, associated service providers and subcontractors, other users of the product and any other natural or legal person, by a failure by you to comply with this EULA.
YOU HEREBY AGREE TO GUARANTEE BLACKANT MASTER STUDIO AND ITS AFFILIATED COMPANIES, THEIR LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS AS WELL AS THEIR SUBCONTRACTORS AGAINST ALL REMEDIES, APPLICATIONS, LOANS AND LOSSES AND LOSSES ALL OF THE COSTS (LAWYER COSTS INCLUDED), DIRECTLY OR INDIRECTLY RESPONSIBLE FOR YOUR FAULT AND / OR RESULTING FROM (A) THE NON-PERFORMANCE OF A TERM OF THIS EULA OR (B) OF THE USE, ABUSIVE OR NOT , TO WHICH YOU SUBMIT THE PRODUCT. BLACKANT MASTER STUDIO reserves the right to assume alone, at its expense, the direction of the dispute of any request against which you have committed yourself to guarantee BLACKANT MASTER STUDIO. The terms of this Section 7 will remain in effect after the termination of this EULA.
8. TERMINATION.
The EULA takes effect on the date you purchase the Product, the date you download it or the date you start using it, whichever comes first, and will remain in effect until that it be terminated in accordance with its terms. You and BLACKANT MASTER STUDIO (or its licensors) may terminate this EULA at any time and for any reason. The termination of this EULA on the initiative of BLACKANT MASTER STUDIO will take effect
(a) as soon as you are notified or
(b) upon termination of your BLACKANT MASTER STUDIO Account (if you have one) or
(c) on the date of BLACKANT MASTER STUDIO’s decision to stop offering the Product and / or to provide assistance.
This EULA will automatically terminate if you fail to comply with any of its terms and conditions. Upon termination, for whatever reason, you must immediately uninstall the Product and destroy all copies of it that are in your possession.
9. MODIFICATION OF THIS EULA OR OF THE PRODUCT.
BLACKANT MASTER STUDIO reserves the right, at its option, to revise, update, change, modify, add, supplement or delete certain terms of this EULA for security, legal, better reasons. practices or regulations. You will not necessarily receive a prior notice informing you that these changes have taken effect. You can consult the most recent version of this EULA by clicking on the « EULA » link found on the Product or on blackantmaster.com. It is your responsibility to consult this EULA periodically to be aware of any changes. If a future modification of this EULA appears to you to be unacceptable or leads you to no longer agree or comply 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. By continuing to use the Product after a review of this EULA, you fully and irrevocably accept all changes to the EULA.
BLACKANT MASTER STUDIO may modify the Product for any reason or without specific reason, at any time and at its discretion, in particular for technical reasons such as updates, maintenance operations and / or resets intended for improve and / or optimize the Product. You agree that the Product can install or download the changes automatically. You agree that BLACKANT MASTER STUDIO may stop providing support for the Product as soon as an updated version is available. The distribution partners and associated service providers of BLACKANT MASTER STUDIO have no obligation to provide maintenance or customer support for the Product. BLACKANT MASTER STUDIO also reserves the right to modify the Rules of Conduct set out in Section 1 in order to impose limits on the use of the Product.
10. MISCELLANEOUS.
10.1 Export controls. The Product is subject to all applicable export restrictions. You must comply with all export and import laws, restrictions and regulations promulgated by an agency or authority in the United States or another country with respect to the Product and the use that you in fact. The Product may not be downloaded, installed, exported or re-exported by or to a national or resident of a country against which the United States has voted. embargo, or to a person on the Specially Designated Nationals list of the United States Department of the Treasury or Table of Denial Orders of the United States Department of Commerce. You represent and warrant that you are not in one of its countries, that you are not under their control, that you are neither a national nor a resident of any of these countries and that you are not are not registered on these lists.
10.2 Autonomy of terms. If a competent authority or court considers that a term of this EULA is invalid, illegal or unenforceable, the term or part of the term in question will be deemed, to the extent necessary, to be deleted, and the validity and enforceability other terms of this EULA will not be affected. In the event that an invalid, unenforceable or illegal term in this EULA would be valid, enforceable and legal if part of this term were deleted, it will apply with the minimum modification necessary to make it legal, valid and enforceable while reflecting the original intentions of BLACKANT MASTER STUDIO.
10.3 Absence of waiver. The fact, for BLACKANT MASTER STUDIO (or its licensors), of delaying asserting or not asserting at all a right or a remedy provided for in this EULA or by law will not be deemed to be a waiver of this right or remedy or to no other right or remedy, and will neither prevent nor restrict its future exercise. The exercise on a single occasion or the partial exercise of this right or remedy shall not prevent or restrict the exercise of the right or remedy in question or of another right or remedy. The waiver of a right or remedy can only be considered effective after signature of a written declaration of this content by BLACKANT MASTER STUDIO or by the user.
10.4 Law and jurisdiction. This EULA is governed by French law, without application of its rules relating to conflicts of laws; and you expressly acknowledge the exclusive jurisdiction of the French Courts for any complaint or dispute with BLACKANT MASTER STUDIO, or in any way related to this EULA or the use you make of the Product, and you further accept and expressly agree to the ‘exercise of territorial jurisdiction in French Courts in connection with any such dispute, including any complaint involving BLACKANT MASTER STUDIO and / or its subsidiaries, and their respective subcontractors, sellers and content providers.
For any question relating to this EULA, you can contact BLACKANT MASTER STUDIO at the following address: support@blackantmaster.com
THIS EULA APPLIES ONLY TO THE EXTENT PERMITTED BY LAW.
This EULA sets out the conditions under which BLACKANT MASTER STUDIO makes the Product available to you (the « user » or « you ») and under which you can use it. BLACKANT MASTER STUDIO’s Privacy Charter (“Privacy Charter”), which can be viewed at https://blackantmaster.com/charter-on-respect-for-the-privacy-of-blackant-master-studio/ , is an integral part of this EULA. By installing or using the Product, you agree to accept and be bound at all times by (1) this EULA and (2) the Privacy Charter. If you do not accept them, please do not install or use the Product.
If you have a BLACKANT MASTER STUDIO Account on http://www.blackantmaster.com (“Account”), this EULA coexists with the Conditions of Use and does not replace them. To the extent that the terms of this Agreement are contrary to the terms of the Terms of Use, the terms of the Terms of Use will prevail.
BLACKANT MASTER STUDIO reserves the right to change, modify, add or delete articles from this EULA at any time in accordance with the procedures described below in Section 9.
Undefined terms that begin with a capital letter in this EULA have the meanings given to them in the Terms of Use.
1. LICENSE CONCESSION.
1.1 BLACKANT MASTER STUDIO (or its licensors) grants you a personal, non-commercial, non-transferable, non-exclusive license that cannot give rise to sub-licenses, to install and / or use the Product (in whole or in part) and any Product (the “License”) until you or BLACKANT MASTER STUDIO terminate this EULA. You must in no case use or authorize a third party to use the Product or this License for commercial purposes without having obtained authorization from BLACKANT MASTER STUDIO. Updates, upgrades, fixes and modifications may be necessary to allow you to continue using the Product on certain hardware. THIS PRODUCT IS MADE AVAILABLE TO YOU AS PART OF A LICENSE, IT IS NOT SOLD TO YOU.
Where applicable, certain parts of the Product may use third-party characteristics, some of which are managed by third-party suppliers for which other conditions and / or prices may apply. You must comply with these other conditions: for example, if the Product offers a VoIP application, you must comply with the associated data service contract when you use the Product. Take note of these conditions and prices.
1.2 You will abstain from, directly or indirectly
(i) sell, lease, rent, license, distribute, market, exploit the Product or any part of it commercially,
(ii) subject this Product to reverse engineering operations, decompile it, disassemble it, adapt it, reproduce it in whole or in part or create derivative works (unless the Product allows you, by a specific functionality, to create, generate or submit User Generated Content for which you must create an Account and comply with the Terms of Use);
(iii) create, use and / or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheating” or “hacking” software programs or applications for this Product (whether as part of an online multiplayer game or a single player game on the Internet or on the local network);
(iv) delete, modify, deactivate or circumvent any indication of copyright and trademark or other information, notices or labels on the author and origin which appear in or on this Product and (v) export or re-export this Product or an adaptation copy in violation of applicable laws or regulations.
1.3 When using the Product, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct which govern your use of the Product (“Rules of Conduct”), which are not intended to be exhaustive and may be modified at any time by BLACKANT MASTER STUDIO. In any case, you can only use the Product in accordance with the intended use.
For example, and without limiting the rights of BLACKANT MASTER STUDIO to take action against you, you cannot:
at. create, use, share and / or publish by any means whatsoever in connection with the Product a document (text, words, images, sounds, videos, etc.) which would be contrary to a duty of confidentiality, which would affect a intellectual property rights or the right to the protection of the privacy of an individual or which would incite to commit an illegal act (piracy, cracking or distribution of counterfeit software in particular);
b. modify, distort or block the Product, impose an abnormal load on it, interrupt, slow down and / or interfere with the normal functioning of all or part of the Product, its accessibility for other users or the functioning of product partner networks, or attempt to do it ;
vs. transmit or propagate a virus, a Trojan horse, a worm, a bomb, a corrupted file and / or a similar destructive device or corrupted data relating to the Product, and / or organize, participate in or be involved in an attack on the servers of BLACKANT MASTER STUDIO, the Product and / or those of its service providers and partners;
d. create, provide or use other modes of use of the Product, for example server emulators;
e. spam the chat, whether for commercial or personal use, by interrupting the conversation flow through repeated posts of a similar nature;
f. transmit or communicate documents or content which, according to BLACKANT MASTER STUDIO, are considered or deemed offensive, and in particular words which are harmful, illegal, abusive, discriminatory, defamatory, contemptuous, obscene, sexually explicit, or questionable in any way racial, ethnic or otherwise;
g. harass or threaten other users of the Product;
h. abuse the help desk or claim buttons or send inaccurate reports to BLACKANT MASTER STUDIO staff members;
i. wrongly claim to be an employee or representative of BLACKANT MASTER STUDIO or its partners and / or agents;
j. wrongly take advantage of a bond in connection with the Product or BLACKANT MASTER STUDIO.
2. OWNERSHIP.
All titles, property rights and intellectual property rights relating to the Product (and in particular all text, graphics, music or sounds, all messages or information, fictional characters, names, themes, objects, landscapes, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreography, videos, audio-visual effects, domain names and all other elements that are part of the Product, alone or combined with each other) and all copies thereof would be the property of BLACKANT MASTER STUDIO or its licensors. The Product is protected by laws, copyright treaties, conventions and other laws in force at national and international level. This Product may contain licensed materials and, if so, the licensors of BLACKANT MASTER STUDIO may protect their rights in the event of breach of this Agreement. Any reproduction or representation of these elements under license in any way and for any reason whatsoever is prohibited without the prior authorization of BLACKANT MASTER STUDIO and, where applicable, the licensors and representatives of BLACKANT MASTER STUDIO. Unless expressly provided otherwise in this EULA, all rights not attributed to you under this contract are expressly reserved by BLACKANT MASTER STUDIO.
This License does not confer any rights or property in the Product and should not be construed as an assignment of rights in relation to the Product.
3. ACCESS TO THE PRODUCT.
3.1 THE PRODUCT CAN BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“GDN SOFTWARE”). IN THIS CASE, YOU AGREE AND ACKNOWLEDGE HEREBY THE FOLLOWING CONCERNING THE GDN SOFTWARE:
(I) BY INSTALLING THE PRODUCT, YOU INSTALL GDN SOFTWARE ON YOUR COMPUTER;
(II) GDN SOFTWARE MAY LIMIT THE NUMBER OF PRODUCT INSTALLATIONS;
(III) THE GDN SOFTWARE MAY INSTALL OTHER COMPONENTS ON YOUR COMPUTER WHICH ARE REQUIRED TO PROTECT IT FROM COPYING; AND
(IV) DURING THE INSTALLATION AND / OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE NECESSARY FOR THE UNLOCKING OF THE PRODUCT BY THE GDN SOFTWARE. BLACKANT MASTER STUDIO CANNOT IN ANY WAY BE RESPONSIBLE FOR COMPONENTS WHICH MAY BE INSTALLED ON YOUR COMPUTER BY GDN SOFTWARE. TO FIND OUT MORE, CONSULT THE GDN SOFTWARE WEBSITE AT THE ADDRESS INDICATED DURING THE INSTALLATION OF THE PRODUCT. AN INTERNET CONNECTION, A BLACKANT MASTER STUDIO ACCOUNT, REGISTRATION WITH THE ATTACHED SINGLE USE SERIAL CODE MAY BE NECESSARY TO PLAY AND ACCESS THE ONLINE SERVICES AND FEATURES OF THIS PRODUCT. PURSUANT TO LOCAL LAWS, AGE RESTRICTIONS MAY APPLY TO ACCESS ONLINE SERVICES AND FEATURES.
3.2 If you use the Product on a compatible Mobile Terminal, this Section 3.2 applies to you and your use of the Product:
For the purposes of this EULA, « compatible mobile terminal » means any portable device capable of connecting to the Internet to access the Product. In particular, « compatible mobile terminals » means feature phones, smartphones, tablets and personal digital assistants (PDAs).
at. Access to the Product. To use the Product on a compatible mobile terminal, you must have access to an electronic communication network. Connection costs (and in particular the costs invoiced by suppliers and / or mobile telephone operators) are your exclusive responsibility. You acknowledge that the quality of the Product, the response time or access to certain functionalities may depend on the capacities of your compatible mobile terminal and the electronic communication network. BLACKANT MASTER STUDIO will in no way be held responsible for a drop in user comfort. You acknowledge that the Product may not be available on all mobile devices or from all operators or network service providers.
b. Collection of personal data: In order to provide you with a better gaming experience, adapted services and Product assistance, BLACKANT MASTER STUDIO may collect and store data about you in relation to your use of the Product , your connection information and / or your compatible mobile terminal. Certain data is recorded, archived, analyzed and used to create user statistics. Your right to respect for private life is very important for BLACKANT MASTER STUDIO and BLACKANT MASTER STUDIO will not reveal your personal data to third parties unless you have expressly authorized us to do so or except in special circumstances. BLACKANT MASTER STUDIO may be required to communicate or share your personal data in order to fulfill a legal obligation, or to protect its rights and those of other users and third parties. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. In addition, BLACKANT MASTER STUDIO reserves the right to collect, store and use anonymous data concerning you. To find out more about how BLACKANT MASTER STUDIO uses your personal data, see our Privacy Policy.
vs. Analysis tools and technology for broadcasting advertising messages. BLACKANT MASTER STUDIO uses third-party analysis tools to collect information about your use of the Product and your gaming habits as well as those of other users. The information collected may consist, in particular, of: the unique identifier of the mobile device or other identifiers and parameters of the devices, the operator, the operating system, location information, the date and the time spent on the Product, scores obtained, metrics and statistics regarding the game, usage of features, ad conversion rate, monetization rate, purchase history and other similar information. BLACKANT MASTER STUDIO uses third-party advertising delivery technologies that may collect information by broadcasting advertising messages on the Product and that may temporarily display advertisements in the Product. The information collected and used for targeted advertising may consist, inter alia, of: age and sex, number of views of an advertisement, the unique identifier of the mobile device or other identifiers and parameters of devices , information about your use of the Product, the compatible mobile terminal, and the other websites (including third-party websites and mobile websites) that you have visited (as well as the hours and time of visit) , the advertisement (s) broadcast, the location in the game and the duration of the advertisement (s), and your response to the advertisement (s) (if applicable). Analytical tools and technologies for broadcasting advertising messages may use server log files, pixel tags, cookies, pixel tags and other technologies to collect this information and may mix information collected on other BLACKANT MASTER STUDIO Products and services to information collected on other third party websites and mobile products and services, as well as demographic studies, advertising surveys, market research and other surveys analytical. This information alone does not constitute personal data. However, if BLACKANT MASTER STUDIO mixes them with personal data, BLACKANT MASTER STUDIO will treat them as personal data under the terms of its Privacy Charter. BLACKANT MASTER STUDIO does everything in its power to offer you links to the respective privacy policies of our partners which govern the way in which their tools and technologies are used and, where it exists, the link which allows you to decline their services. .
4. ACCEPTANCE OF CHECKS.
When using the Product, the Product may monitor the RAM in your hardware to detect third-party programs not authorized and prohibited by Section 1 that interact with the Product. In the event that the Product detects an unauthorized third-party program, BLACKANT MASTER STUDIO is informed thereof, as well as the name of your Account, your IP address, details of the unauthorized third-party program detected, the time and the date the unauthorized third-party program was detected, and the specifications and performance of your hardware, with or without other notice. If the Product detects the use of an unauthorized third party program, this License and your access to the Product may be terminated, whether or not you are notified.
However, it should be noted that BLACKANT MASTER STUDIO does not endorse and assumes no responsibility for the opinions, advice and / or recommendations displayed or that you send in the Product, including in game chats. These communications are the responsibility exclusive of the user in question.
5. LIMITED WARRANTY ON THE PRODUCT PURCHASED ON A PHYSICAL SUPPORT.
If you purchased the Product on a physical medium (CD, cartridge or DVD-ROM), this Section 5 applies to you:
BLACKANT MASTER STUDIO guarantees that the physical medium that contains the Product will be free from defects in parts and workmanship for a period of ninety (90) days from the date of its purchase. In the event that the Product’s support proves to be defective during this period, BLACKANT MASTER STUDIO, at its option and free of charge, (a) will correct any defect, (b) replace the Product, (c) replace the Product with a similar product of equal or greater value (in the event that the Product is no longer manufactured by BLACKANT MASTER STUDIO or if BLACKANT MASTER STUDIO no longer has it in stock), or (d) reimburse you on presentation of written proof purchase of defective media. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY PROVIDED FOR IN THIS SECTION. When you return the Product for replacement under warranty, please send us the original disc or, as the case may be, the original cartridge or DVD only in its protective packaging and enclose:
(1) a photocopy of your dated purchase invoice;
(2) your name and return address typed or clearly printed;
(3) a small note describing the defect, the problem (s) you are experiencing as well as the hardware and system on which you are running the program.
6. ABSENCE OF GUARANTEE, LIMITATION OF LIABILITY.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU ARE USING THE PRODUCT AT YOUR OWN RISK. TO THE EXTENT TO WHICH APPLICABLE LAW ALLOWS IT, THE PRODUCT IS PROVIDED « AS IS » AND « ACCORDING TO AVAILABILITY ». BLACKANT MASTER STUDIO, ITS LICENSORS, ITS DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS MAKE NO CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR LEGAL, AND DISCLAIM ALL AS WELL AS THE OTHER TERMS, INCLUDING THESE TERMS AND CONDITIONS, INCLUDING THESE TERMS AND CONDITIONS, INCLUDING THESE TERMS AND CONDITIONS, INCLUDING THESE TERMS AND CONDITIONS, INCLUDING THESE TERMS AND CONDITIONS, INCLUDING THESE TERMS AND CONDITIONS, INCLUDING CONCERNS:
(A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SAFETY
(B) SUITABILITY FOR A PARTICULAR PURPOSE;
(C) IMPLIED GUARANTEES OF OWNERSHIP AND NON-COUNTERFEITING; (D) ITS MARKET VALUE; OR
(E) YOUR SATISFACTION. BLACKANT MASTER STUDIO DOES NOT WARRANT THAT THE PRODUCT WILL BE FREE OF INTERRUPTION OR ERROR, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE PRODUCT TO ACHIEVE THE RESULTS YOU EXPECT AS WELL AS ITS INSTALLATION, USE AND RESULTS YOU OBTAIN.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BLACKANT MASTER STUDIO, ITS LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS SHALL IN NO EVENT BE LIABLE FOR INJURY OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR SERVICE ASSOCIATED THIRD PARTY. ARE INCLUDED, WITHOUT LIMITATION
(A) ANY INJURY OF ANY KIND, WHETHER RESULTING FROM DELICTUAL LIABILITY (NEGLIGENCE AND NON-PERFORMANCE OF A LEGAL OBLIGATION INCLUDED), OF A CONTRACT, FALSE STATEMENTS (ACCIDENTAL OR NEGLECTIVE) OR AGAIN
(B) DIRECT DAMAGE;
(C) ACCIDENTAL DAMAGE,
(D) INCIDENTAL DAMAGE,
(E) CONSEQUENTIAL DAMAGES, AND
(F) INDIRECT DAMAGE.
NOTWITHSTANDING THE LIMITATIONS OF LIABILITY ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY, IN THE EVENT OF A LITIGATION WITH BLACKANT MASTER STUDIO OR ITS LICENSES, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS, CONSISTS TO STOP USING THE PRODUCT AND, IF ANY, TO ASK FOR DAMAGES AND INTEREST FOR YOUR INJURY. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT DOES NOT MEET THE APPLICABLE LEGAL WARRANTIES, BLACKANT MASTER STUDIO’S LIABILITY IS LIMITED TO REFUND (DIRECTLY OR INDIRECTLY THROUGH SENDERS OR SENDERS) ASSOCIATED SERVICES) OF THE PURCHASE PRICE OF THE PRODUCT. BLACKANT MASTER STUDIO, ITS AFFILIATED COMPANIES, LICENSORS, DISTRIBUTORS AND ASSOCIATED SERVICE PROVIDERS SHALL NOT BE LIABLE FOR DAMAGES OF AN AMOUNT GREATER THAN THE PRICE YOU PAID TO BLACKANT MASTER STUDIO FOR 12 YEARS ) MONTH PRIOR TO THE BIRTH OF YOUR REASON FOR ACTION.
NO TERM OF THIS SECTION 6 AFFECTS THE RESPONSIBILITY OF BLACKANT MASTER STUDIO IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF BLACKANT MASTER STUDIO OR IN THE EVENT OF FRAUD OR FALSE STATEMENT, OR ANY OTHER RESPONSIBILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR THE PURPOSES OF THIS SECTION 6, THE LICENSORS OF BLACKANT MASTER STUDIO, ITS DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS BENEFIT AS THIRD PARTIES OF LIABILITY SPECIFIED HEREIN AND MAY RESULT IN THIS CLUF AGAINST YOU.
7. INDEMNIFICATION.
You assume full responsibility for the damage caused to BLACKANT MASTER STUDIO, its licensors, its distribution partners, associated service providers and subcontractors, other users of the product and any other natural or legal person, by a failure by you to comply with this EULA.
YOU HEREBY AGREE TO GUARANTEE BLACKANT MASTER STUDIO AND ITS AFFILIATED COMPANIES, THEIR LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS AS WELL AS THEIR SUBCONTRACTORS AGAINST ALL REMEDIES, APPLICATIONS, LOANS AND LOSSES AND LOSSES ALL OF THE COSTS (LAWYER COSTS INCLUDED), DIRECTLY OR INDIRECTLY RESPONSIBLE FOR YOUR FAULT AND / OR RESULTING FROM (A) THE NON-PERFORMANCE OF A TERM OF THIS EULA OR (B) OF THE USE, ABUSIVE OR NOT , TO WHICH YOU SUBMIT THE PRODUCT. BLACKANT MASTER STUDIO reserves the right to assume alone, at its expense, the direction of the dispute of any request against which you have committed yourself to guarantee BLACKANT MASTER STUDIO. The terms of this Section 7 will remain in effect after the termination of this EULA.
8. TERMINATION.
The EULA takes effect on the date you purchase the Product, the date you download it or the date you start using it, whichever comes first, and will remain in effect until that it be terminated in accordance with its terms. You and BLACKANT MASTER STUDIO (or its licensors) may terminate this EULA at any time and for any reason. The termination of this EULA on the initiative of BLACKANT MASTER STUDIO will take effect
(a) as soon as you are notified or
(b) upon termination of your BLACKANT MASTER STUDIO Account (if you have one) or
(c) on the date of BLACKANT MASTER STUDIO’s decision to stop offering the Product and / or to provide assistance.
This EULA will automatically terminate if you fail to comply with any of its terms and conditions. Upon termination, for whatever reason, you must immediately uninstall the Product and destroy all copies of it that are in your possession.
9. MODIFICATION OF THIS EULA OR OF THE PRODUCT.
BLACKANT MASTER STUDIO reserves the right, at its option, to revise, update, change, modify, add, supplement or delete certain terms of this EULA for security, legal, better reasons. practices or regulations. You will not necessarily receive a prior notice informing you that these changes have taken effect. You can consult the most recent version of this EULA by clicking on the « EULA » link found on the Product or on blackantmaster.com. It is your responsibility to consult this EULA periodically to be aware of any changes. If a future modification of this EULA appears to you to be unacceptable or leads you to no longer agree or comply 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. By continuing to use the Product after a review of this EULA, you fully and irrevocably accept all changes to the EULA.
BLACKANT MASTER STUDIO may modify the Product for any reason or without specific reason, at any time and at its discretion, in particular for technical reasons such as updates, maintenance operations and / or resets intended for improve and / or optimize the Product. You agree that the Product can install or download the changes automatically. You agree that BLACKANT MASTER STUDIO may stop providing support for the Product as soon as an updated version is available. The distribution partners and associated service providers of BLACKANT MASTER STUDIO have no obligation to provide maintenance or customer support for the Product. BLACKANT MASTER STUDIO also reserves the right to modify the Rules of Conduct set out in Section 1 in order to impose limits on the use of the Product.
10. MISCELLANEOUS.
10.1 Export controls. The Product is subject to all applicable export restrictions. You must comply with all export and import laws, restrictions and regulations promulgated by an agency or authority in the United States or another country with respect to the Product and the use that you in fact. The Product may not be downloaded, installed, exported or re-exported by or to a national or resident of a country against which the United States has voted. embargo, or to a person on the Specially Designated Nationals list of the United States Department of the Treasury or Table of Denial Orders of the United States Department of Commerce. You represent and warrant that you are not in one of its countries, that you are not under their control, that you are neither a national nor a resident of any of these countries and that you are not are not registered on these lists.
10.2 Autonomy of terms. If a competent authority or court considers that a term of this EULA is invalid, illegal or unenforceable, the term or part of the term in question will be deemed, to the extent necessary, to be deleted, and the validity and enforceability other terms of this EULA will not be affected. In the event that an invalid, unenforceable or illegal term in this EULA would be valid, enforceable and legal if part of this term were deleted, it will apply with the minimum modification necessary to make it legal, valid and enforceable while reflecting the original intentions of BLACKANT MASTER STUDIO.
10.3 Absence of waiver. The fact, for BLACKANT MASTER STUDIO (or its licensors), of delaying asserting or not asserting at all a right or a remedy provided for in this EULA or by law will not be deemed to be a waiver of this right or remedy or to no other right or remedy, and will neither prevent nor restrict its future exercise. The exercise on a single occasion or the partial exercise of this right or remedy shall not prevent or restrict the exercise of the right or remedy in question or of another right or remedy. The waiver of a right or remedy can only be considered effective after signature of a written declaration of this content by BLACKANT MASTER STUDIO or by the user.
10.4 Law and jurisdiction. This EULA is governed by French law, without application of its rules relating to conflicts of laws; and you expressly acknowledge the exclusive jurisdiction of the French Courts for any complaint or dispute with BLACKANT MASTER STUDIO, or in any way related to this EULA or the use you make of the Product, and you further accept and expressly agree to the ‘exercise of territorial jurisdiction in French Courts in connection with any such dispute, including any complaint involving BLACKANT MASTER STUDIO and / or its subsidiaries, and their respective subcontractors, sellers and content providers.
For any question relating to this EULA, you can contact BLACKANT MASTER STUDIO at the following address: support@blackantmaster.com
THIS EULA APPLIES ONLY TO THE EXTENT PERMITTED BY LAW.