| Language: |
YOU SHOULD CAREFULLY READ THIS AGREEMENT (THE “AGREEMENT”) BEFORE INSTALLING OR USING BATTLE REALMS OR WINTER OF THE WOLF. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS THE GAME.
Thank you for your interest in Ed Del Castillo's interactive game, and the interactive game Battle Realms with attached Expansion Winter of the Wolf (collectively referred to herein as the “Game”). This Agreement sets forth the terms and conditions under which you are licensed to install and use the Game. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE GAME.
PLEASE NOTE THAT THE SECTION BELOW TITLED DISPUTE RESOLUTION CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Except as otherwise provided below, use of the Game is licensed to you by Edward Alexander Del Castillo, a private citizen reachable by email at invention235@gmail.com. Edward Alexander Del Castillo is referred to herein as “Ed”, “he”, “his”, or “him”).
The Game
Subject to the laws of your country of residence, minor children may utilize the Game with the permission of their parent or legal guardian. In the event that you permit your minor child or legal ward (collectively, your “Child”) to use the Game, you hereby agree to this Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account by your Child whether or not such uses were authorized by you.
Grant of License. If you accept and comply with the terms of this Agreement, Ed will grant, and you will receive, a limited, revocable, non-sub licensable, and non-exclusive license to use the Game subject to the “License Limitations,” set forth in Section 1.C below, as follows:
You may install applicable components or features of the Game on one or more computers under your legitimate control.
You may use the Game for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.
You may not transfer your rights and obligations to use the Game.
Some of the Games may be subject to specific license terms that may include the following:
License Limitations. Ed may suspend or revoke your license to use the Game, or parts, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
Derivative Works: Copy or reproduce (except as provided in Section 1.B.), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Game.
Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:
cheats; i.e. methods not expressly authorized by Ed, influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;
bots; i.e. any code and/or software, not expressly authorized by Ed, that allows the automated control of a Game, or any other feature of the Game, e.g. the automated control of a character in a Game;
hacks; i.e. accessing or modifying the software of the Game in any manner not expressly authorized by Ed; and/or
any code and/or software, not expressly authorized by Ed, that can be used in connection with the Game and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality;
Prohibited Commercial Uses: Exploit, in its entirety or individual components, the Game for any purpose not expressly authorized by Ed, including, without limitation (i) playing the Game(s) at commercial establishments (subject to Section 1.B.v.3.); (ii) gathering in-game currency, items, or resources for sale outside of the Game or the Game(s); (iii) performing in-game services including, without limitation, account boosting or power-leveling, in exchange for payment; (iv) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Game; or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, Ed’s Games, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.
“esports”: Use the Game for any esports or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without obtaining additional authorization from Ed or obtaining Ed’s prior written consent. For more information on obtaining appropriate authorization, please contact Ed at invention235@gmail.com.
Cloud Computing: Use the Game, including a Game, in connection with any unauthorized third-party “cloud computing” services, “cloud gaming” services, or any software or service designed to enable the unauthorized streaming or transmission of Game content from a third-party server to any device.
Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Game; provided, however, that Ed may, at its sole and absolute discretion, allow the use of certain third-party user interfaces.
Duplicated Items: Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Game.
Matchmaking: Host, provide or develop matchmaking services for the Game(s), or intercept, emulate or redirect the communication protocols used by Ed in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by Ed), or as part of content aggregation networks.
Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Game including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Game; and (ii) any connection using third-party programs or tools not expressly authorized by Ed.
Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Game or component thereof, or your rights to the Game to any other party in any way not expressly authorized herein.
Disruption / Harassment: Engage in any conduct intended to disrupt or diminish the game experience for other players, or disrupt operation of Ed’s Game in any way, including:
Disrupting or assisting in the disruption of any computer used to support the Game or any Game environment. ANY ATTEMPT BY YOU TO DISRUPT THE GAME OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Harassment, “griefing,” abusive behavior or chat, conduct intended to unreasonably undermine or disrupt the Game experiences of others, deliberate inactivity or disconnecting, and/or any other activity which violates Ed’s Code of Conduct or In-Game Policies.
Violation of Laws: use the Game to violate any applicable law or regulation.
Game and Game-Specific Features.
Game Features:
Global Play. Certain Games feature “Global Play,” which allows you to play with players who are outside of the region associated with the Account that you have registered. The Global Play feature requires that some or all of your personal information provided to Steam when you registered the Account be transferred to servers operated by Steam in the regions where you wish to play the Game. By agreeing to participate in Global Play, you agree that Steam can transfer your data to Steam’s servers in each of the regions that you select to participate in using the Global Play feature. For more information, please review Ed’s Privacy Policy located here.
Game Editors. Certain Games include editing software (hereafter referred as “Game Editor(s)”) that will allow you to create custom games, levels, maps, scenarios or other content (“Custom Games”). For purposes of this Agreement and any agreements referenced herein, “Custom Games” includes all content created using the Game Editor(s), including but not limited to all digital files associated with such Custom Games, as well as (1) all content contained within such files, including but not limited to player and non-player characters, audio and video elements, environments, objects, items, skins, and textures, (2) all titles, trademarks, trade names, character names, or other names and phrases associated with or included within the Custom Game, and (3) any other intellectual property rights contained within the Custom Game, including any and all content, game concepts, methods or ideas. A Custom Game may only be used with the Game’s engine that is associated with a particular Game Editor. The manner in which Custom Games can be used or exploited is set forth in the Custom Game Acceptable Use Policy, the terms of which are incorporated into this Agreement by this reference. Ed may modify, remove, disable, or delete Custom Games at any time in its sole and absolute discretion.
Community Tournaments. In order to support local esports tournament activities, Ed provides a license program for organizers of community tournaments.
Beta Testing Pre-Release Versions of Games. Certain pre-release versions of Games may be made available to you through the Game for testing (“Beta Test”). Your participation in a Beta Test through the Game will be governed by the following:
Eligibility. In order to participate in a Beta Test, you must meet the following requirements:
Ed must designate you to participate in a Beta Test (a “Beta Tester”);
The Account that you will use to participate in the Beta Test must be in good standing;
If the Beta Test is to test an expansion to a Game, then the Account must be upgraded with all previous expansions to that particular Game;
You agree to allow Ed to obtain hardware and software information from the computer system that you will use to take part in the Beta Test (the “Beta Test System”) prior to registration for the Beta Test in order for Ed to determine if you are eligible to participate in the Beta Test; and
The Beta Test System must meet the specifications which Ed determines are required for the Beta Test.
Confidentiality. If Ed announces that a Beta Test is confidential, the Beta Test invitation you will receive will include a notice that states that the Beta Test is confidential. During a confidential Beta Test, the existence of the Beta Test and all elements thereof is to be kept confidential, and you agree to keep everything related to the Beta Test secret from everyone who is not participating in the Beta Test until Ed informs you that the Beta Test is no longer confidential. For purposes of example and not limitation, you agree that you will not disclose the following during a confidential Beta Test:
Information about the Beta Test, such as your role as a Beta Tester, the length of the Beta Test, the number of Beta Testers, how you became a Beta Tester, etc.
Information related to the Game that you are Beta Testing, such as the Game’s look and feel, playable races, classes, combat, magic, communication, grouping, questing, monetary systems, non-player character interaction, items, armor, weapons, stability of the Game, etc.
Beta Tests and Real Money Features. Certain Games may have features that will allow you to purchase licenses to use digital items or services through the Game’s interface. If you purchase a license to use a digital item or service through the Game’s interface during a Beta Test, all purchases are subject to the Terms of Sale. Ed will not provide you with a refund for your purchase of a digital item or service, and in some cases, items or services purchased during a Beta Test may not transition to the retail release version of a Game. In those cases, Ed will provide you with information that explains what, if any, credit you would receive for your purchase of digital goods or services for real money during a Beta Test once the Beta Test has concluded.
Feedback. During and after the Beta Test, you may be provided with an opportunity to give Ed your comments, suggestions and impressions of the Game by using tools to supply feedback and bug reports, internal websites and forums, and other methods. The Game may also include a tool that will allow your computer system to forward system and driver information to Ed in the event of a crash. This tool will collect data from your computer system related to the crash, and allow you to forward a report to Ed via electronic mail.
Acknowledgments. You acknowledge that:
the Game being Beta Tested is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system;
you have, or will, back-up your hard drive prior to installation of the Beta;
you have the resources necessary to easily reinstall the Beta Test System’s operating system and restore any and all data that may be lost;
Ed is not liable in any way for the loss of data or damage to the Beta Test System, interruptions of service, software or hardware failures, or loss of data or disruption of service;
Ed may monitor and record any and all communications, electronic or otherwise, pertaining to the Beta including, without limitation, packets, in-game chat, forum postings, etc.;
Ed may delete or modify the information stored by the Game or the Game being Beta Tested for any reason at any time during the duration of the Beta Test;
Ed may transfer software program files to the Beta Test System, including a program that will collect and send Ed CPU, RAM, operating system, video card, and sound card information from the Beta Test System; and
You may not sell, transfer or commercially exploit access to a Beta, including the distribution of Beta keys without Ed’s express authorization.
Termination. Ed can terminate a Beta Test at any time. When Ed terminates a Beta Test, you must delete the pre-release version of the Game that was the subject of the Beta Test and all documents and materials you received from Ed in connection with the Beta Test, and you may be asked by Ed to remove any elements of the Beta from any hard drives on which the pre-release version of the Game that was the subject of the Beta Test has been installed. You agree and acknowledge that Ed’s termination of the Beta Test shall not be grounds for any refunds of any kind, including, but not limited to, digital items, refunds for time purchased to access World of Warcraft, etc.
Sections of the Agreement Applicable to Beta Tests. When participating in a Beta Test, the terms of this Section 1.D.ii.3. shall supersede and govern over any other Section of this Agreement which may be in conflict with the terms of this Section 1.D.ii.3. Additionally, Section 1.B.iv., and 1.B.v.3. of the Agreement are specifically excluded from the use of a Beta.
Ed’s Ownership
Ed is the owner or licensee of all right, title, and interest in and to the Game, including the Games that are produced and developed by Ed (“Ed Games”), Custom Games derived from a Ed Game, Accounts, and all of the features and components thereof. The Game may contain materials licensed by third-parties to Ed, and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement. The following components of the Game (which do not include content or components of the Licensors’ Games), are owned or licensed by Ed:
All virtual content appearing within the Game, including the Ed Games, such as:
Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects;
Narrations: Themes, concepts, stories, and storylines;
Characters: The names, likenesses, inventories, and catch phrases of Game characters;
Items: Virtual goods, such as digital cards, currency, potions, weapons, armor, wearable items, skins, sprays, pets, mounts, etc.;
All data and communications generated by, or occurring through, the Game;
All sounds, musical compositions, recordings, and sound effects originating in the Game;
All recordings, Game replays, or reenactments of in-game matches, battles, duels, etc.;
Computer code, including but not limited to “Applets” and source code;
Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Game;
All Accounts, including the name of the Account and any Battle Tags associated with an Account. All use of an Account shall inure to Ed’s benefit. Ed does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account;
All Moral Rights that relate to the Game, including Custom Games derived from a Ed Game, such as the right of attribution, and the right to the integrity of certain original works of authorship; and
The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the Game, except as expressly set forth in this Agreement or otherwise by Ed in certain contest rules, Ed’s Fan Policies, or addenda to this Agreement.
Pre-Loaded Software
The Game may contain additional software that requires you to agree to additional terms prior to your use thereof (“Additional Software”).
Installation: You agree that Ed may install Additional Software on your hard drive as part of the installation of the Game, and from time to time during the term of this Agreement.
Use: Unless Ed grants you a valid license and alphanumeric key to use and activate the Additional Software, you may not access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble, decompile or create derivative works based on the Additional Software. In the event that Ed grants to you a valid license and alphanumeric key to use and activate the Additional Software, all use of the Additional Software shall be subject to the terms of this Agreement.
Copies: You may make one (1) copy of the Additional Software for archival purposes only.
Consent to Monitor. WHILE RUNNING, THE GAME MAY MONITOR YOUR COMPUTER OR MOBILE DEVICE'S MEMORY FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING EITHER CONCURRENTLY WITH A GAME OR OUT OF PROCESS. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 1.C. ABOVE. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, (a) THE GAME MAY COMMUNICATE INFORMATION BACK TO ED, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) Ed MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. Additionally, certain Games include a tool that will allow your computer system to forward information to Ed in the event that the Game crashes, including system and driver data, and by agreeing hereto you consent to Ed receiving and/or using this data.
Limited Warranty. THE GAME, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR-FREE USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. The entire risk arising out of use or performance of the Game and the Game(s) remains with the user. Notwithstanding the foregoing, Ed warrants up to and including ninety (90) days from the date of your purchase of a license to the Game, that the physical media on which the Game was distributed, if any, shall be free from defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to Ed of proof of purchase of the defective media, Ed will at its option: (a) correct any defect, (b) provide you with a similar product of similar value, or (c) refund your money. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. Some jurisdictions do not allow the exclusion or limitation of implied warranties so the above limitations may not apply to you.
If you are a resident of Australia, the benefits provided to you by this Limited Warranty are in addition to other rights or remedies you may have under local laws related to the goods to which the warranty applies. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The provisions of this clause containing the Limited Warranty and the clause containing the Limitation of Liability and Indemnity below apply only to the extent permitted by the Competition and Consumer Act 2010 (Cth).The entitlement to a replacement or a refund for a major failure is not subject to Ed’s option. To submit a warranty claim, please contact Steam’s Customer Support.
Limitations of Liability. Ed, his Licensors, and affiliates shall not be liable for any loss or damage arising out of your use of, or inability to access or use, the Game or Account(s). Because some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, Steam’s and Ed’s liability shall be limited to the fullest extent permitted by law.
Indemnity. You hereby agree to defend and indemnify Ed, and his Licensors and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Ed arising out of or from your use of the Game or Account(s), or any specific services or features associated therewith, including but not limited to User Content, Custom Games, Game Editors, Ed Balance, and this Agreement.
Equitable Remedies. You agree that Ed would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event, you agree that Ed shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event you breach this Agreement; and that the awarding of equitable relief to Ed will not limit its ability to receive remedies that are otherwise available to Ed under applicable laws.
Alterations.
Alterations to the Agreement.
Ed’s Rights. Ed may create updated versions of this Agreement (each a “New Agreement”) as its business and the law evolve.
New Agreements. This Agreement will terminate immediately upon the introduction of a New Agreement. New Agreements will not be applied retroactively. You will be given an opportunity to review the New Agreement before choosing to accept or reject its terms.
Acceptance. If you accept the New Agreement, and if the Account registered to you remains in good standing, you will be able to continue using the Game and Account(s), subject to the terms of the New Agreement.
Rejection. If you decline to accept the New Agreement, or if you cannot comply with the terms of the New Agreement, you will no longer be permitted to use the Game.
Alterations to the Game. Ed may change, modify, suspend, or discontinue any aspect of the Game or Accounts at any time, including removing items, or revising the effectiveness of items in an effort to balance a Game. Ed may also impose limits on certain features or restrict your access to parts or all of the Game or Accounts without notice or liability.
Term and Termination.
Term. This Agreement is effective upon your creation of an Account, and shall remain in effect until it is terminated or superseded by a New Agreement, or, if neither of the foregoing events occur, as long as you continue using the Game. In the event that Ed chooses to cease providing the Game, or license to a third party the right to provide the Game, Ed shall provide you with no less than three (3) months prior notice. Neither the Game nor Ed’s agreement to provide access to the Game shall be considered a rental or lease of time on the capacity of Ed's servers or other technology.
Termination
You are entitled to terminate this Agreement at any time by notifying Ed by email at invention235@gmail.com.
Ed reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Ed may provide you with a prior warning and/or suspend your use of the Account due to your non-compliance prior to terminating the Agreement or modifying or deleting an Account.
In the event of a termination of this Agreement, any right you may have had to any pre-purchased Game access or virtual goods, such as digital cards, currency, weapons, armor, wearable items, skins, sprays, pets, mounts, etc., are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Account prior to any termination of this Agreement. In addition, you will not be able to use the Game.
Dispute Resolution. Any and all disputes between you and Ed which arise out of this Agreement will be resolved in accordance with the Ed Entertainment Dispute Resolution Policy, which is available for your review here.
Governing Law
This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles.
The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
If you are a (1) Canadian resident who has (2) purchased a license to a Game in Canada, other laws may apply if you choose not to agree to arbitrate as set forth above. Such laws shall affect this Agreement only to the extent required by such jurisdiction. If such laws apply, the terms and conditions of this Agreement shall be given their maximum effect.
Users who access the Game from outside of the United States and Canada, are responsible for compliance with all applicable local laws.
General.
The Game may not be used, re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Ed may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without Ed’s prior written consent. Your assignment of this Agreement without Ed’s prior written consent shall be void.
Ed’s failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, Ed may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
Ed shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Ed, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
This Agreement, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
END
Thank you for your interest in Ed Del Castillo's interactive game, and the interactive game Battle Realms with attached Expansion Winter of the Wolf (collectively referred to herein as the “Game”). This Agreement sets forth the terms and conditions under which you are licensed to install and use the Game. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE GAME.
PLEASE NOTE THAT THE SECTION BELOW TITLED DISPUTE RESOLUTION CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Except as otherwise provided below, use of the Game is licensed to you by Edward Alexander Del Castillo, a private citizen reachable by email at invention235@gmail.com. Edward Alexander Del Castillo is referred to herein as “Ed”, “he”, “his”, or “him”).
The Game
Subject to the laws of your country of residence, minor children may utilize the Game with the permission of their parent or legal guardian. In the event that you permit your minor child or legal ward (collectively, your “Child”) to use the Game, you hereby agree to this Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account by your Child whether or not such uses were authorized by you.
Grant of License. If you accept and comply with the terms of this Agreement, Ed will grant, and you will receive, a limited, revocable, non-sub licensable, and non-exclusive license to use the Game subject to the “License Limitations,” set forth in Section 1.C below, as follows:
You may install applicable components or features of the Game on one or more computers under your legitimate control.
You may use the Game for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.
You may not transfer your rights and obligations to use the Game.
Some of the Games may be subject to specific license terms that may include the following:
License Limitations. Ed may suspend or revoke your license to use the Game, or parts, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
Derivative Works: Copy or reproduce (except as provided in Section 1.B.), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Game.
Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:
cheats; i.e. methods not expressly authorized by Ed, influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;
bots; i.e. any code and/or software, not expressly authorized by Ed, that allows the automated control of a Game, or any other feature of the Game, e.g. the automated control of a character in a Game;
hacks; i.e. accessing or modifying the software of the Game in any manner not expressly authorized by Ed; and/or
any code and/or software, not expressly authorized by Ed, that can be used in connection with the Game and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality;
Prohibited Commercial Uses: Exploit, in its entirety or individual components, the Game for any purpose not expressly authorized by Ed, including, without limitation (i) playing the Game(s) at commercial establishments (subject to Section 1.B.v.3.); (ii) gathering in-game currency, items, or resources for sale outside of the Game or the Game(s); (iii) performing in-game services including, without limitation, account boosting or power-leveling, in exchange for payment; (iv) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Game; or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, Ed’s Games, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.
“esports”: Use the Game for any esports or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without obtaining additional authorization from Ed or obtaining Ed’s prior written consent. For more information on obtaining appropriate authorization, please contact Ed at invention235@gmail.com.
Cloud Computing: Use the Game, including a Game, in connection with any unauthorized third-party “cloud computing” services, “cloud gaming” services, or any software or service designed to enable the unauthorized streaming or transmission of Game content from a third-party server to any device.
Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Game; provided, however, that Ed may, at its sole and absolute discretion, allow the use of certain third-party user interfaces.
Duplicated Items: Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Game.
Matchmaking: Host, provide or develop matchmaking services for the Game(s), or intercept, emulate or redirect the communication protocols used by Ed in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by Ed), or as part of content aggregation networks.
Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Game including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Game; and (ii) any connection using third-party programs or tools not expressly authorized by Ed.
Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Game or component thereof, or your rights to the Game to any other party in any way not expressly authorized herein.
Disruption / Harassment: Engage in any conduct intended to disrupt or diminish the game experience for other players, or disrupt operation of Ed’s Game in any way, including:
Disrupting or assisting in the disruption of any computer used to support the Game or any Game environment. ANY ATTEMPT BY YOU TO DISRUPT THE GAME OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Harassment, “griefing,” abusive behavior or chat, conduct intended to unreasonably undermine or disrupt the Game experiences of others, deliberate inactivity or disconnecting, and/or any other activity which violates Ed’s Code of Conduct or In-Game Policies.
Violation of Laws: use the Game to violate any applicable law or regulation.
Game and Game-Specific Features.
Game Features:
Global Play. Certain Games feature “Global Play,” which allows you to play with players who are outside of the region associated with the Account that you have registered. The Global Play feature requires that some or all of your personal information provided to Steam when you registered the Account be transferred to servers operated by Steam in the regions where you wish to play the Game. By agreeing to participate in Global Play, you agree that Steam can transfer your data to Steam’s servers in each of the regions that you select to participate in using the Global Play feature. For more information, please review Ed’s Privacy Policy located here.
Game Editors. Certain Games include editing software (hereafter referred as “Game Editor(s)”) that will allow you to create custom games, levels, maps, scenarios or other content (“Custom Games”). For purposes of this Agreement and any agreements referenced herein, “Custom Games” includes all content created using the Game Editor(s), including but not limited to all digital files associated with such Custom Games, as well as (1) all content contained within such files, including but not limited to player and non-player characters, audio and video elements, environments, objects, items, skins, and textures, (2) all titles, trademarks, trade names, character names, or other names and phrases associated with or included within the Custom Game, and (3) any other intellectual property rights contained within the Custom Game, including any and all content, game concepts, methods or ideas. A Custom Game may only be used with the Game’s engine that is associated with a particular Game Editor. The manner in which Custom Games can be used or exploited is set forth in the Custom Game Acceptable Use Policy, the terms of which are incorporated into this Agreement by this reference. Ed may modify, remove, disable, or delete Custom Games at any time in its sole and absolute discretion.
Community Tournaments. In order to support local esports tournament activities, Ed provides a license program for organizers of community tournaments.
Beta Testing Pre-Release Versions of Games. Certain pre-release versions of Games may be made available to you through the Game for testing (“Beta Test”). Your participation in a Beta Test through the Game will be governed by the following:
Eligibility. In order to participate in a Beta Test, you must meet the following requirements:
Ed must designate you to participate in a Beta Test (a “Beta Tester”);
The Account that you will use to participate in the Beta Test must be in good standing;
If the Beta Test is to test an expansion to a Game, then the Account must be upgraded with all previous expansions to that particular Game;
You agree to allow Ed to obtain hardware and software information from the computer system that you will use to take part in the Beta Test (the “Beta Test System”) prior to registration for the Beta Test in order for Ed to determine if you are eligible to participate in the Beta Test; and
The Beta Test System must meet the specifications which Ed determines are required for the Beta Test.
Confidentiality. If Ed announces that a Beta Test is confidential, the Beta Test invitation you will receive will include a notice that states that the Beta Test is confidential. During a confidential Beta Test, the existence of the Beta Test and all elements thereof is to be kept confidential, and you agree to keep everything related to the Beta Test secret from everyone who is not participating in the Beta Test until Ed informs you that the Beta Test is no longer confidential. For purposes of example and not limitation, you agree that you will not disclose the following during a confidential Beta Test:
Information about the Beta Test, such as your role as a Beta Tester, the length of the Beta Test, the number of Beta Testers, how you became a Beta Tester, etc.
Information related to the Game that you are Beta Testing, such as the Game’s look and feel, playable races, classes, combat, magic, communication, grouping, questing, monetary systems, non-player character interaction, items, armor, weapons, stability of the Game, etc.
Beta Tests and Real Money Features. Certain Games may have features that will allow you to purchase licenses to use digital items or services through the Game’s interface. If you purchase a license to use a digital item or service through the Game’s interface during a Beta Test, all purchases are subject to the Terms of Sale. Ed will not provide you with a refund for your purchase of a digital item or service, and in some cases, items or services purchased during a Beta Test may not transition to the retail release version of a Game. In those cases, Ed will provide you with information that explains what, if any, credit you would receive for your purchase of digital goods or services for real money during a Beta Test once the Beta Test has concluded.
Feedback. During and after the Beta Test, you may be provided with an opportunity to give Ed your comments, suggestions and impressions of the Game by using tools to supply feedback and bug reports, internal websites and forums, and other methods. The Game may also include a tool that will allow your computer system to forward system and driver information to Ed in the event of a crash. This tool will collect data from your computer system related to the crash, and allow you to forward a report to Ed via electronic mail.
Acknowledgments. You acknowledge that:
the Game being Beta Tested is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system;
you have, or will, back-up your hard drive prior to installation of the Beta;
you have the resources necessary to easily reinstall the Beta Test System’s operating system and restore any and all data that may be lost;
Ed is not liable in any way for the loss of data or damage to the Beta Test System, interruptions of service, software or hardware failures, or loss of data or disruption of service;
Ed may monitor and record any and all communications, electronic or otherwise, pertaining to the Beta including, without limitation, packets, in-game chat, forum postings, etc.;
Ed may delete or modify the information stored by the Game or the Game being Beta Tested for any reason at any time during the duration of the Beta Test;
Ed may transfer software program files to the Beta Test System, including a program that will collect and send Ed CPU, RAM, operating system, video card, and sound card information from the Beta Test System; and
You may not sell, transfer or commercially exploit access to a Beta, including the distribution of Beta keys without Ed’s express authorization.
Termination. Ed can terminate a Beta Test at any time. When Ed terminates a Beta Test, you must delete the pre-release version of the Game that was the subject of the Beta Test and all documents and materials you received from Ed in connection with the Beta Test, and you may be asked by Ed to remove any elements of the Beta from any hard drives on which the pre-release version of the Game that was the subject of the Beta Test has been installed. You agree and acknowledge that Ed’s termination of the Beta Test shall not be grounds for any refunds of any kind, including, but not limited to, digital items, refunds for time purchased to access World of Warcraft, etc.
Sections of the Agreement Applicable to Beta Tests. When participating in a Beta Test, the terms of this Section 1.D.ii.3. shall supersede and govern over any other Section of this Agreement which may be in conflict with the terms of this Section 1.D.ii.3. Additionally, Section 1.B.iv., and 1.B.v.3. of the Agreement are specifically excluded from the use of a Beta.
Ed’s Ownership
Ed is the owner or licensee of all right, title, and interest in and to the Game, including the Games that are produced and developed by Ed (“Ed Games”), Custom Games derived from a Ed Game, Accounts, and all of the features and components thereof. The Game may contain materials licensed by third-parties to Ed, and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement. The following components of the Game (which do not include content or components of the Licensors’ Games), are owned or licensed by Ed:
All virtual content appearing within the Game, including the Ed Games, such as:
Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects;
Narrations: Themes, concepts, stories, and storylines;
Characters: The names, likenesses, inventories, and catch phrases of Game characters;
Items: Virtual goods, such as digital cards, currency, potions, weapons, armor, wearable items, skins, sprays, pets, mounts, etc.;
All data and communications generated by, or occurring through, the Game;
All sounds, musical compositions, recordings, and sound effects originating in the Game;
All recordings, Game replays, or reenactments of in-game matches, battles, duels, etc.;
Computer code, including but not limited to “Applets” and source code;
Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Game;
All Accounts, including the name of the Account and any Battle Tags associated with an Account. All use of an Account shall inure to Ed’s benefit. Ed does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account;
All Moral Rights that relate to the Game, including Custom Games derived from a Ed Game, such as the right of attribution, and the right to the integrity of certain original works of authorship; and
The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the Game, except as expressly set forth in this Agreement or otherwise by Ed in certain contest rules, Ed’s Fan Policies, or addenda to this Agreement.
Pre-Loaded Software
The Game may contain additional software that requires you to agree to additional terms prior to your use thereof (“Additional Software”).
Installation: You agree that Ed may install Additional Software on your hard drive as part of the installation of the Game, and from time to time during the term of this Agreement.
Use: Unless Ed grants you a valid license and alphanumeric key to use and activate the Additional Software, you may not access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble, decompile or create derivative works based on the Additional Software. In the event that Ed grants to you a valid license and alphanumeric key to use and activate the Additional Software, all use of the Additional Software shall be subject to the terms of this Agreement.
Copies: You may make one (1) copy of the Additional Software for archival purposes only.
Consent to Monitor. WHILE RUNNING, THE GAME MAY MONITOR YOUR COMPUTER OR MOBILE DEVICE'S MEMORY FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING EITHER CONCURRENTLY WITH A GAME OR OUT OF PROCESS. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 1.C. ABOVE. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, (a) THE GAME MAY COMMUNICATE INFORMATION BACK TO ED, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) Ed MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. Additionally, certain Games include a tool that will allow your computer system to forward information to Ed in the event that the Game crashes, including system and driver data, and by agreeing hereto you consent to Ed receiving and/or using this data.
Limited Warranty. THE GAME, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR-FREE USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. The entire risk arising out of use or performance of the Game and the Game(s) remains with the user. Notwithstanding the foregoing, Ed warrants up to and including ninety (90) days from the date of your purchase of a license to the Game, that the physical media on which the Game was distributed, if any, shall be free from defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to Ed of proof of purchase of the defective media, Ed will at its option: (a) correct any defect, (b) provide you with a similar product of similar value, or (c) refund your money. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. Some jurisdictions do not allow the exclusion or limitation of implied warranties so the above limitations may not apply to you.
If you are a resident of Australia, the benefits provided to you by this Limited Warranty are in addition to other rights or remedies you may have under local laws related to the goods to which the warranty applies. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The provisions of this clause containing the Limited Warranty and the clause containing the Limitation of Liability and Indemnity below apply only to the extent permitted by the Competition and Consumer Act 2010 (Cth).The entitlement to a replacement or a refund for a major failure is not subject to Ed’s option. To submit a warranty claim, please contact Steam’s Customer Support.
Limitations of Liability. Ed, his Licensors, and affiliates shall not be liable for any loss or damage arising out of your use of, or inability to access or use, the Game or Account(s). Because some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, Steam’s and Ed’s liability shall be limited to the fullest extent permitted by law.
Indemnity. You hereby agree to defend and indemnify Ed, and his Licensors and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Ed arising out of or from your use of the Game or Account(s), or any specific services or features associated therewith, including but not limited to User Content, Custom Games, Game Editors, Ed Balance, and this Agreement.
Equitable Remedies. You agree that Ed would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event, you agree that Ed shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event you breach this Agreement; and that the awarding of equitable relief to Ed will not limit its ability to receive remedies that are otherwise available to Ed under applicable laws.
Alterations.
Alterations to the Agreement.
Ed’s Rights. Ed may create updated versions of this Agreement (each a “New Agreement”) as its business and the law evolve.
New Agreements. This Agreement will terminate immediately upon the introduction of a New Agreement. New Agreements will not be applied retroactively. You will be given an opportunity to review the New Agreement before choosing to accept or reject its terms.
Acceptance. If you accept the New Agreement, and if the Account registered to you remains in good standing, you will be able to continue using the Game and Account(s), subject to the terms of the New Agreement.
Rejection. If you decline to accept the New Agreement, or if you cannot comply with the terms of the New Agreement, you will no longer be permitted to use the Game.
Alterations to the Game. Ed may change, modify, suspend, or discontinue any aspect of the Game or Accounts at any time, including removing items, or revising the effectiveness of items in an effort to balance a Game. Ed may also impose limits on certain features or restrict your access to parts or all of the Game or Accounts without notice or liability.
Term and Termination.
Term. This Agreement is effective upon your creation of an Account, and shall remain in effect until it is terminated or superseded by a New Agreement, or, if neither of the foregoing events occur, as long as you continue using the Game. In the event that Ed chooses to cease providing the Game, or license to a third party the right to provide the Game, Ed shall provide you with no less than three (3) months prior notice. Neither the Game nor Ed’s agreement to provide access to the Game shall be considered a rental or lease of time on the capacity of Ed's servers or other technology.
Termination
You are entitled to terminate this Agreement at any time by notifying Ed by email at invention235@gmail.com.
Ed reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Ed may provide you with a prior warning and/or suspend your use of the Account due to your non-compliance prior to terminating the Agreement or modifying or deleting an Account.
In the event of a termination of this Agreement, any right you may have had to any pre-purchased Game access or virtual goods, such as digital cards, currency, weapons, armor, wearable items, skins, sprays, pets, mounts, etc., are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Account prior to any termination of this Agreement. In addition, you will not be able to use the Game.
Dispute Resolution. Any and all disputes between you and Ed which arise out of this Agreement will be resolved in accordance with the Ed Entertainment Dispute Resolution Policy, which is available for your review here.
Governing Law
This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles.
The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
If you are a (1) Canadian resident who has (2) purchased a license to a Game in Canada, other laws may apply if you choose not to agree to arbitrate as set forth above. Such laws shall affect this Agreement only to the extent required by such jurisdiction. If such laws apply, the terms and conditions of this Agreement shall be given their maximum effect.
Users who access the Game from outside of the United States and Canada, are responsible for compliance with all applicable local laws.
General.
The Game may not be used, re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Ed may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without Ed’s prior written consent. Your assignment of this Agreement without Ed’s prior written consent shall be void.
Ed’s failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, Ed may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
Ed shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Ed, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
This Agreement, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
END