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End User License Agreement
● BEFORE USING THIS GAME SOFTWARE PROGRAM (the “Program”), BE SURE TO READ ALL OF THIS END USER LICENSE AGREEMENT (this “Agreement”).
● THIS AGREEMENT SHALL COME INTO EFFECT BETWEEN Capcom Co., Ltd., (“Capcom”) AND USER(S) UPON INSTALLING THE PROGRAM OR STARTING USING THE PROGRAM WHICHEVER COMES EARLIER.
● If a user is under the age of majority in the country or region where the user resides, the user shall obtain the approval of appropriate guardians such as the relevant parent or person with parental authority regarding the contents of this Agreement and agree to this Agreement before using the Program. The same applies where Capcom revises all or part of this Agreement hereunder.
● SPECIAL PROVISIONS MAY APPLY TO PART OF THIS AGREEMENT DEPENDING ON THE COUNTRY OR REGION WHERE THE USER RESIDES. PLEASE CHECK THE FOLLOWING ITEMS:
(i) FOR USERS RESIDING IN JAPAN, TERMS SPECIFIC TO THEM APPLY. PLEASE CHECK ARTICLE 5.9 FOR DETAILS.
(ii) FOR USERS RESIDING IN THE EUROPEAN ECONOMIC AREA OR THE UK, TERMS SPECIFIC TO THEM APPLY. PLEASE CHECK ARTICLE 5.10 FOR DETAILS.
(iii) FOR USERS RESIDING IN QUEBEC, CANADA, THE PROVISIONS OF ARTICLES 14.1 AND 14.2 DO NOT APPLY.
1. Limited license
1.1 On the condition that the user agrees to and abides by this Agreement, Capcom shall grant the user a non-exclusive, non-commercial license for the Program that is revocable by Capcom to be used for the duration hereof on a game console, personal computer, or other hardware approved by Capcom and possessed by the user (“Hardware”) only for the purpose of private gameplay (if the gameplay requires installation of the Program on Hardware, the license includes a right to install the Program on the Hardware only for the purpose of such gameplay).
1.2 The user may not sublicense the rights granted in the preceding paragraph to a third party.
1.3 The rights under Paragraph 1.1 of this article are particular to the user that purchased the rights to use the Program, and the user may not assign or transfer those rights to a third party.
2. Providing additional or modified Programs
2.1 Capcom may provide additional or modified Programs for the purpose such as modifying the Program’s content, expanding functionality, adding content, fixing bugs. The provisions of this Agreement will apply also to those additional or modified Programs.
2.2 In principle, additional or modified Programs are provided for no additional fee, but if Capcom decides to provide an additional or modified Program for a fee, then it will be provided for a fee.
2.3 Providing additional or modified Programs is carried out at the discretion of Capcom. Capcom bears no obligation to provide any additional or modified Programs to the user.
3. Use of the account service
3.1 When using the Program, the user may be required to, or be able to, use the account service provided by Capcom.
3.2 When using the account service, the user shall abide by the terms of use of the account service as prescribed by Capcom.
4. Authentication
4.1 When the Program is first activated for use or every time it is activated, it may access a server provided by a third party other than Capcom to manage the license.
4.2 When the Program is first activated for use or every time it is activated, the user may be required to log into a game platform (the “Third Party PF”) provided by a third party other than Capcom (the “Platformer”).
4.3 In the case described in the preceding paragraph, the user shall use the Third Party PF in accordance with the terms of use and any other rules stipulated by the Platformer.
4.4 Except where it is directly related to the use of the Program, Capcom is not concerned with, and bears no liability whatsoever for, the use of the Third Party PF by the user. If the user has an inquiry related to a Third Party PF, then the user shall contact the Platformer.
4.5 In the event logging in to a Third Party PF is required to use the Program, the user may be unable to activate the Program in countries or regions other than those specified by the Third Party PF. In such cases, the user shall use the Program in such specified countries or regions.
5. In-game virtual currency and virtual items
5.1 The Program may include an optional function to purchase in-game virtual currency and virtual items.
5.2 The in-game virtual currency consists of virtual coins, points, and other items, and a user may (i) purchase them from the Platformer under the conditions imposed by the Platformer or from Capcom under the conditions imposed by Capcom (any in-game virtual currency purchased by the user is hereinafter referred to as “Paid Game Currency”), or (ii) earn or acquire them through the Program (any in-game virtual currency earned or acquired by the user is hereinafter referred to as “Free Game Currency,” and both Paid Game Currency and Free Game Currency are hereinafter collectively referred to as “Game Currency”). When using Game Currency, Free Game Currency will be consumed before any Paid Game Currency is consumed.
5.3 The in-game virtual items consist of digital items such as characters and costumes, and a user may (i) purchase them from the Platformer under the conditions imposed by the Platformer or from Capcom under the conditions imposed by Capcom, or (ii) earn or acquire them through the Program (any in-game virtual items purchased by the user under (i) and those earned or acquired by the user under (ii) are hereinafter collectively referred to as “Virtual Items”).
5.4 A validity period may be set for Game Currency or Virtual Items.
5.5 CAPCOM SHALL RESERVE THE RIGHT TO MANAGE, RESTRICT, CHANGE, CORRECT, AND REMOVE GAME CURRENCY OR VIRTUAL ITEMS (INCLUDING THEIR PRICE) AT ITS DISCRETION WITHOUT ANY LIABILITY BORNE TO USERS OR THIRD PARTIES REGARDING SUCH ACTION. CAPCOM SHALL GRANT A USER A NONEXCLUSIVE, NONCOMMERCIAL, NONTRANSFERABLE, NONSUBLICENSABLE LICENSE FOR GAME CURRENCY OR VIRTUAL ITEMS THAT IS REVOCABLE BY CAPCOM TO BE USED IN THE PROGRAM ONLY FOR THE PURPOSE OF PRIVATE GAMEPLAY. THE USER SHALL NOT HAVE ANY RIGHTS, AUTHORITIES, OR INTERESTS IN ANY GAME CURRENCY OR VIRTUAL ITEMS THAT THE USER HAS PURCHASED, EARNED, OR ACQUIRED BY THE METHOD APPROVED HEREUNDER.
5.6 THE USER AGREES THAT EXCEPT AS EXPRESSLY PERMITTED IN THE PROGRAM , THE USER IS PROHIBITED FROM TRANSFERRING GAME CURRENCY AND VIRTUAL ITEMS. THE USER MAY NOT SELL, MONETIZE, OR OTHERWISE TRANSFER GAME CURRENCY OR VIRTUAL ITEMS OUTSIDE THE PROGRAM TO ANOTHER USER OF THE PROGRAM, CAPCOM, OR ANY OTHER PARTIES.
5.7 THE USER AGREES THAT EXCEPT WHERE CAPCOM OR THE PLATFORMER IS LIABLE UNDER APPLICABLE LAW OR DECIDES TO MAKE REFUND AT ITS SOLE AND ABSOLUTE DISCRETION, THE SALE OF ALL GAME CURRENCY AND VIRTUAL ITEMS IS FINAL, AND THEY ARE NONREFUNDABLE AND NONEXCHANGEABLE. THE USER AGREES THAT IN THE EVENT OF THE TERMINATION OF THIS AGREEMENT OR THE PROGRAM REGARDLESS OF THE REASON (CAPCOM MAY DISCONTINUE THE RELEVANT PART OF THE PROGRAM FOR WHATEVER REASON), THE USER SHALL FORFEIT ALL GAME CURRENCY AND VIRTUAL ITEMS, AND CAPCOM SHALL BEAR NO RESPONSIBILITY FOR THE USER REGARDING THE FORFEITURE. HOWEVER, THIS DOES NOT APPLY WHERE IT IS REQUIRED BY APPLICABLE LAW TO MAKE REFUND FOR PAID GAME CURRENCY.
5.8 THE USER AGREES THAT WHILE THE USER MAY “EARN,” “ACQUIRE,” OR “PURCHASE” GAME CURRENCY AND VIRTUAL ITEMS, THE USER DOES NOT LEGALLY “OWN” GAME CURRENCY OR VIRTUAL ITEMS, AND THAT NEITHER THE AMOUNT OF GAME CURRENCY NOR THE NUMBER OF VIRTUAL ITEMS REPRESENTS THE BALANCE OF THE REAL CURRENCY OR ITS EQUIVALENT. THE BALANCE OF GAME CURRENCY OR THE NUMBER OF VIRTUAL ITEMS SHOWN IN THE PROGRAM DOES NOT CONSTITUTE ANY BALANCE IN THE REAL WORLD OR REFLECT ANY ACCUMULATED VALUE, BUT THEY DETERMINE THE DEGREE OF THE USER’S LIMITED LICENSE. GAME CURRENCY AND VIRTUAL ITEMS MAY BE USED ONLY IN THE PROGRAM AND DO NOT HAVE ANY VALUE WHATSOEVER OUTSIDE THE PROGRAM.
5.9 The Paid Game Currency presented as a prepaid payment instrument in a separate page titled “Indication under the Act on Settlement of Funds” (including any similar indication) shall be treated as a prepaid payment instrument under the Act on Settlement of Funds. Any content other than a prepaid payment instrument (including content purchased by prepaid payment instrument) shall be deemed to be provided upon acquisition of such products/services and does not fall under a prepaid payment instrument. That indication is provided under the laws of Japan, and the provisions of this Paragraph apply to users living in Japan.
5.10 USERS LIVING IN THE EUROPEAN ECONOMIC AREA OR THE UK SHALL HAVE A CERTAIN CANCELLATION RIGHT REGARDING THE PURCHASE OF GAME CURRENCY AND VIRTUAL ITEMS. HOWEVER, A RIGHT TO ACCESS GAME CURRENCY OR VIRTUAL ITEMS IS GRANTED ON THE USER ACCOUNT, AND WHEN THE PROVISION OF THE SERVICE IS STARTED, THE USER SHALL BE DEEMED TO HAVE EXPRESSLY WAIVED THE CANCELLATION RIGHT. THE USER AGREES IN ADVANCE THAT (I) THE DOWNLOAD OF GAME CURRENCY OR VIRTUAL ITEMS STARTS IMMEDIATELY AFTER THE PURCHASE; AND (II) UPON THE COMPLETION OF THE PURCHASE, THE CANCELLATION RIGHT WILL LAPSE.
6. Intellectual property rights
6.1 Intellectual property rights related to the Program belong to Capcom or a legitimate third party and are protected by laws and agreements such as the Copyright Act of Japan and international treaties and agreements. IF A USER DOES NOT COMPLY WITH THIS AGREEMENT AND INFRINGES ON THE PROGRAM’S INTELLECTUAL PROPERTY RIGHTS, THEN THE OWNER OF THOSE INTELLECTUAL PROPERTY RIGHTS MAY, TO PROTECT THOSE RIGHTS, TAKE LEGAL MEASURES SUCH AS AN INJUNCTION TO STOP THE USE OF SUCH RIGHTS AND CLAIMS FOR COMPENSATION FOR DAMAGE.
6.2 This Agreement grants permission from Capcom for the user to use the Program. This Agreement does not transfer the Program’s intellectual property rights, either in whole or in part, to the user. Any rights not expressly granted hereunder shall be reserved by Capcom.
7. User Content
7.1 The user may post, publish, disclose, or otherwise share texts, images, videos, sound, and other content (“User Content”) in the Program, including by using a function of the Program or Third Party PF, a service provided by the Platformer.
7.2 When the user posts, publishes, discloses, or otherwise shares User Content in the Program, the user shall grant Capcom to the extent not violating applicable law a worldwide, non-exclusive, transferable, sublicensable, free, and irrevocable right to use or make use of the User Content (including secondary use) in connection with the provision of the Program and goods or services related to the Program for the duration of the intellectual property rights.
7.3 To the extent of not violating applicable law, the user shall not exercise the moral rights of an author or performer in connection with the use by Capcom or third parties to which a license is granted by Capcom under the preceding Paragraph.
7.4 If User Content contains a right of any third party other than the user, the user shall obtain the consent of the third party for the posting, publication, disclosure, or other provision of the User Content.
7.5 The user shall not include any of the following items in User Content:
(i) Items that damage the reputation or credibility of Capcom or another user
(ii) Items that promote discrimination, prejudice, racism, hatred, harassment, or infringement against any individual or body
(iii) Items that directly depict acts that stimulate sexual feelings
(iv) Items that are violent or intimidating or encourage violent or intimidating acts against others
(v) Items that infringe intellectual property rights, portrait rights, privacy rights, or other rights of a third party
(vi) Trade secrets or similar items
(vii) Items that are fraudulent, false, or deceptive, or those that may be misunderstood as such
(viii) Items related to prostitution or commercial sexual exploitation of children
(ix) Items that seek relationships with the opposite sex, accept a proposition for such relationships, or mediate information about such relationships
(x) Items containing a computer virus
(xi) Items contrary to public order and morals
(xii) Items that violate legislation or encourage violation
(xiii) In addition to the preceding items, items that Capcom reasonably finds are inappropriate in light of the purpose of the Program.
7.6 Capcom may change, trim, or otherwise alter User Content to the extent necessary for the smooth provision of the Program, or development, improvement, maintenance, etc. of Capcom’s systems.
7.7 Capcom may delete User Content without advance notice if it reasonably finds the User Content violates Paragraph 4 or 5 of this article or other provisions hereof.
8. Prohibited matters
8.1 When using the Program, users shall not carry out any of the following acts:
(i) Infringing Capcom’s intellectual property rights, such as reproducing (excluding reproduction for the purpose of installing the Program), modifying, altering, translating, analyzing, reverse engineering, or extracting the code from all or a part of the Program
(ii) An act of analyzing communication protocols or any other data used in the Program or an act of using any of those for any unintended purpose
(iii) An act of using all or part of the Program for a commercial purpose at an internet cafe, a game arcade, or any other venue, without Capcom’s prior written permission
(iv) An act of using all or part of the Program to host or organize an event, tournament, or the like with a commercial purpose, without Capcom’s prior written permission (excluding personal use within a limited scope, such as within the user’s family or between the user’s friends)
(v) Sales, promotion, advertisement, solicitation, or any other acts for a commercial purpose
(vi) An act of intentionally using a defect in the Program, if any
(vii) An act of interfering with the content or functions of the Program or with services provided by the Program (e.g., a player-versus-player service between Program users, cooperative or networking play with another Program user)(including illegally manipulating the Program or a service related to the Program by BOT, cheat tool, or other technology; causing discomfort to a third party, including by a sexual, discriminatory, or violent expression; inflicting a nuisance on the other user in a networking play with another Program user; taking any action that benefits an adversary or is uncooperative or flabby; not playing the game in good faith; abandoning the game deliberately; or interfering with the gameplay, including by disconnecting the line intentionally)
(viii) An act of unauthorized access, cracking, imposing an excessive burden, or otherwise interfering with the system for providing the Program
(ix) An act of illegal or unauthorized access, acquisition, alteration, disclosure, or any other similar activity against another user’s account, personal information, or other data
(x) An act of unwelcome following or stalking of another user
(xi) An act of impersonating Capcom or a third party or an act of deception so that the user appears to have a relationship with Capcom or a third party
(xii) Infringing a copyright, a trademark, a patent right or any other intellectual property rights, a portrait right or privacy right of Capcom or a third party, or any other rights of Capcom or a third party under a law or ordinance or under an agreement
(xiii) An act that is prohibited under the terms of use, code of conduct, or any other rules of the account service or the Platformer that the user uses in connection with use of the Program
(xiv) An act that violates or is likely to violate legislation or this Agreement
(xv) An act contrary to public order and morals
(xvi) Any act that defames Capcom or another user
(xvii) An act that is equivalent or similar to anything in the above items that is disadvantageous to Capcom or a third party
8.2 If Capcom reasonably determines that the user has carried out an act described in any item of the preceding Paragraph, then Capcom may take any or all measures stipulated below. The period for the measure in item (ii) below is determined at Capcom’s discretion.
(i) Request improvement with measures such as a reminder or a warning.
(ii) Stop the user from using the Program or limit the user’s use of the Program.
(iii) Delete any User Content posted, published, disclosed, or otherwise shared by the user in the Program.
(iv) Invalidate any Game Currency and Virtual Items that the user possesses in the game.
(v) Any other measures that Capcom deems appropriate.
8.3 Capcom may impose code of conduct or other rules to supplement this Agreement for the Program. In this case, if the contents of the code of conduct or other rules are inconsistent or repugnant to the provisions hereof, the contents of the code of conduct or other rules shall prevail, unless they provide a special reservation.
9. Effective period of this Agreement
This Agreement shall be effective from the effective date hereof to the day when it terminates under the conditions herein.
10. Termination
10.1 The user may, at any time, terminate this Agreement prospectively.
10.2 Capcom may rescind this Agreement if a user breaches any provision stipulated in this Agreement.
10.3 In the event of the termination hereof regardless of the reason, the user’s license for the Program shall lapse.
10.4 The provisions of Articles 6 through 8, Article 11, Article 12, Article 14, and this paragraph shall remain effective even after the termination hereof.
11. Export restrictions
The user shall comply with the laws and regulations of Japan and of other countries, and users shall not export, transmit using the Internet, or use any other method to export the Program to any country with which trade is suspended by Japan pursuant to Japan’s Foreign Exchange and Foreign Trade Act or Export Trade Control Order.
12. DISCLAIMER
12.1 CAPCOM PROVIDES THE PROGRAM ONLY ON AN AS-IS BASIS, AND CAPCOM DOES NOT GUARANTEE THE PROGRAM’S COMPLETENESS, OPERATIONAL STABILITY, SUITABILITY TO THE USER’S USE PURPOSE, OR ANY OTHER MATTER RELATED TO THE PROGRAM.
12.2 CAPCOM DOES NOT GUARANTEE THAT THE PROGRAM CAN BE USED PROPERLY ON THE VERSIONS OF THE OS AND ALL OTHER SOFTWARE AND ENVIRONMENT ON THE USER’S HARDWARE AND SHALL NOT BE RESPONSIBLE TO VERIFY ITS OPERATION OR MAKE IMPROVEMENTS TO GUARANTEE IT. NEITHER DOES CAPCOM GUARANTEE THAT THE PROGRAM WILL BE FREE FROM ISSUES WHILE USING THE PROGRAM IN ANY ENVIRONMENT OTHER THAN THE RECOMMENDED ENVIRONMENT AND OPERATING ENVIRONMENT OF THE PROGRAM, OR WITHOUT UPDATING THE VERSION OF THE OS OR ANY OTHER SOFTWARE.
12.3 CAPCOM DOES NOT GUARANTEE THAT THE PROGRAM WILL NOT BE INTERRUPTED, DISCONTINUED, OR OTHERWISE HINDERED.
12.4 EXCEPT IN CASES OF WILLFUL MISCONDUCT OR NEGLIGENCE BY CAPCOM, IN NO EVENT SHALL CAPCOM BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND CAUSED FROM USING THE PROGRAM.
12.5 IF CAPCOM IS FOUND TO BE LIABLE TO THE USER FOR DAMAGES IN CONNECTION WITH THE PROGRAM WHICH ARISES OUT OF NEGLIGENCE (EXCLUDING GROSS NEGLIGENCE) BY CAPCOM, CAPCOM SHALL ONLY BE LIABLE FOR DIRECT AND ORDINARY DAMAGES ACTUALLY INCURRED BY THE USER, REGARDLESS OF DEFAULT, TORT OR ANY OTHER CAUSE OF ACTION. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CAPCOM EXCEED THE AMOUNT PAID BY THE USER TO PURCHASE THE PROGRAM.
12.6 IF APPLYING ANY OF THE PRECEDING PARAGRAPHS IN THIS ARTICLE IS RESTRICTED BY APPLICABLE LAWS OR ORDINANCES, THEN THE LIABILITY BORNE BY CAPCOM TO COMPENSATE THE USER SHALL BE REDUCED OR WAIVED TO THE MAXIMUM DEGREE ALLOWED BY THAT LAW OR ORDINANCE.
13. Amendments to this Agreement
Capcom may, at its sole discretion, amend the provisions of this Agreement by posting the amended content of this Agreement on a Third Party PF, the official website for the Program’s titles, or on the Program’s screen. The amended provisions shall come into effect thirty (30) days after such posting or on a date separately stipulated by Capcom. By continuing using the Program after the amendment hereof, the user shall be deemed to have agreed to the amended Agreement.
14. Miscellaneous
14.1 This Agreement is governed by and is to be interpreted in accordance with the laws of Japan.
14.2 Any legal dispute arising out of this Agreement will be resolved in a court, and in that case, the Tokyo District Court will be the exclusively agreed court of jurisdiction in the first instance.
14.3 If any provision under this Agreement becomes invalid pursuant to an applicable law or ordinance, only that provision shall become invalid, and other provisions under this Agreement shall remain in full effect and force.
14.4 The user may have certain rights under enforceable legislation of the country or region where the user lives. In this case, none of the provisions herein shall eliminate, limit, or otherwise affect such rights of the user.
14.5 Without prior written consent of Capcom, the user shall not have a third party assume the status hereunder and shall not transfer all or part of the rights and obligations hereunder to a third party, have a third party assume them, or offer them as security.
14.6 Any failure or delay of Capcom in exercising any right or remedy hereunder shall not constitute a waiver of such right or remedy.
14.7 The original of this Agreement is in English. Any and all translated versions are provided only for reference purposes. The user agrees to waive any rights under the law of the country/region of your residence to have this Agreement executed, written or construed by any other language.
15. How to contact Capcom
Any communication from the customer to Capcom regarding this Program shall be made by sending an inquiry form to be placed at the appropriate location within this Program or on the website operated by Capcom, or by any other method designated by Capcom.
Effective as of January 26, 2024
● BEFORE USING THIS GAME SOFTWARE PROGRAM (the “Program”), BE SURE TO READ ALL OF THIS END USER LICENSE AGREEMENT (this “Agreement”).
● THIS AGREEMENT SHALL COME INTO EFFECT BETWEEN Capcom Co., Ltd., (“Capcom”) AND USER(S) UPON INSTALLING THE PROGRAM OR STARTING USING THE PROGRAM WHICHEVER COMES EARLIER.
● If a user is under the age of majority in the country or region where the user resides, the user shall obtain the approval of appropriate guardians such as the relevant parent or person with parental authority regarding the contents of this Agreement and agree to this Agreement before using the Program. The same applies where Capcom revises all or part of this Agreement hereunder.
● SPECIAL PROVISIONS MAY APPLY TO PART OF THIS AGREEMENT DEPENDING ON THE COUNTRY OR REGION WHERE THE USER RESIDES. PLEASE CHECK THE FOLLOWING ITEMS:
(i) FOR USERS RESIDING IN JAPAN, TERMS SPECIFIC TO THEM APPLY. PLEASE CHECK ARTICLE 5.9 FOR DETAILS.
(ii) FOR USERS RESIDING IN THE EUROPEAN ECONOMIC AREA OR THE UK, TERMS SPECIFIC TO THEM APPLY. PLEASE CHECK ARTICLE 5.10 FOR DETAILS.
(iii) FOR USERS RESIDING IN QUEBEC, CANADA, THE PROVISIONS OF ARTICLES 14.1 AND 14.2 DO NOT APPLY.
1. Limited license
1.1 On the condition that the user agrees to and abides by this Agreement, Capcom shall grant the user a non-exclusive, non-commercial license for the Program that is revocable by Capcom to be used for the duration hereof on a game console, personal computer, or other hardware approved by Capcom and possessed by the user (“Hardware”) only for the purpose of private gameplay (if the gameplay requires installation of the Program on Hardware, the license includes a right to install the Program on the Hardware only for the purpose of such gameplay).
1.2 The user may not sublicense the rights granted in the preceding paragraph to a third party.
1.3 The rights under Paragraph 1.1 of this article are particular to the user that purchased the rights to use the Program, and the user may not assign or transfer those rights to a third party.
2. Providing additional or modified Programs
2.1 Capcom may provide additional or modified Programs for the purpose such as modifying the Program’s content, expanding functionality, adding content, fixing bugs. The provisions of this Agreement will apply also to those additional or modified Programs.
2.2 In principle, additional or modified Programs are provided for no additional fee, but if Capcom decides to provide an additional or modified Program for a fee, then it will be provided for a fee.
2.3 Providing additional or modified Programs is carried out at the discretion of Capcom. Capcom bears no obligation to provide any additional or modified Programs to the user.
3. Use of the account service
3.1 When using the Program, the user may be required to, or be able to, use the account service provided by Capcom.
3.2 When using the account service, the user shall abide by the terms of use of the account service as prescribed by Capcom.
4. Authentication
4.1 When the Program is first activated for use or every time it is activated, it may access a server provided by a third party other than Capcom to manage the license.
4.2 When the Program is first activated for use or every time it is activated, the user may be required to log into a game platform (the “Third Party PF”) provided by a third party other than Capcom (the “Platformer”).
4.3 In the case described in the preceding paragraph, the user shall use the Third Party PF in accordance with the terms of use and any other rules stipulated by the Platformer.
4.4 Except where it is directly related to the use of the Program, Capcom is not concerned with, and bears no liability whatsoever for, the use of the Third Party PF by the user. If the user has an inquiry related to a Third Party PF, then the user shall contact the Platformer.
4.5 In the event logging in to a Third Party PF is required to use the Program, the user may be unable to activate the Program in countries or regions other than those specified by the Third Party PF. In such cases, the user shall use the Program in such specified countries or regions.
5. In-game virtual currency and virtual items
5.1 The Program may include an optional function to purchase in-game virtual currency and virtual items.
5.2 The in-game virtual currency consists of virtual coins, points, and other items, and a user may (i) purchase them from the Platformer under the conditions imposed by the Platformer or from Capcom under the conditions imposed by Capcom (any in-game virtual currency purchased by the user is hereinafter referred to as “Paid Game Currency”), or (ii) earn or acquire them through the Program (any in-game virtual currency earned or acquired by the user is hereinafter referred to as “Free Game Currency,” and both Paid Game Currency and Free Game Currency are hereinafter collectively referred to as “Game Currency”). When using Game Currency, Free Game Currency will be consumed before any Paid Game Currency is consumed.
5.3 The in-game virtual items consist of digital items such as characters and costumes, and a user may (i) purchase them from the Platformer under the conditions imposed by the Platformer or from Capcom under the conditions imposed by Capcom, or (ii) earn or acquire them through the Program (any in-game virtual items purchased by the user under (i) and those earned or acquired by the user under (ii) are hereinafter collectively referred to as “Virtual Items”).
5.4 A validity period may be set for Game Currency or Virtual Items.
5.5 CAPCOM SHALL RESERVE THE RIGHT TO MANAGE, RESTRICT, CHANGE, CORRECT, AND REMOVE GAME CURRENCY OR VIRTUAL ITEMS (INCLUDING THEIR PRICE) AT ITS DISCRETION WITHOUT ANY LIABILITY BORNE TO USERS OR THIRD PARTIES REGARDING SUCH ACTION. CAPCOM SHALL GRANT A USER A NONEXCLUSIVE, NONCOMMERCIAL, NONTRANSFERABLE, NONSUBLICENSABLE LICENSE FOR GAME CURRENCY OR VIRTUAL ITEMS THAT IS REVOCABLE BY CAPCOM TO BE USED IN THE PROGRAM ONLY FOR THE PURPOSE OF PRIVATE GAMEPLAY. THE USER SHALL NOT HAVE ANY RIGHTS, AUTHORITIES, OR INTERESTS IN ANY GAME CURRENCY OR VIRTUAL ITEMS THAT THE USER HAS PURCHASED, EARNED, OR ACQUIRED BY THE METHOD APPROVED HEREUNDER.
5.6 THE USER AGREES THAT EXCEPT AS EXPRESSLY PERMITTED IN THE PROGRAM , THE USER IS PROHIBITED FROM TRANSFERRING GAME CURRENCY AND VIRTUAL ITEMS. THE USER MAY NOT SELL, MONETIZE, OR OTHERWISE TRANSFER GAME CURRENCY OR VIRTUAL ITEMS OUTSIDE THE PROGRAM TO ANOTHER USER OF THE PROGRAM, CAPCOM, OR ANY OTHER PARTIES.
5.7 THE USER AGREES THAT EXCEPT WHERE CAPCOM OR THE PLATFORMER IS LIABLE UNDER APPLICABLE LAW OR DECIDES TO MAKE REFUND AT ITS SOLE AND ABSOLUTE DISCRETION, THE SALE OF ALL GAME CURRENCY AND VIRTUAL ITEMS IS FINAL, AND THEY ARE NONREFUNDABLE AND NONEXCHANGEABLE. THE USER AGREES THAT IN THE EVENT OF THE TERMINATION OF THIS AGREEMENT OR THE PROGRAM REGARDLESS OF THE REASON (CAPCOM MAY DISCONTINUE THE RELEVANT PART OF THE PROGRAM FOR WHATEVER REASON), THE USER SHALL FORFEIT ALL GAME CURRENCY AND VIRTUAL ITEMS, AND CAPCOM SHALL BEAR NO RESPONSIBILITY FOR THE USER REGARDING THE FORFEITURE. HOWEVER, THIS DOES NOT APPLY WHERE IT IS REQUIRED BY APPLICABLE LAW TO MAKE REFUND FOR PAID GAME CURRENCY.
5.8 THE USER AGREES THAT WHILE THE USER MAY “EARN,” “ACQUIRE,” OR “PURCHASE” GAME CURRENCY AND VIRTUAL ITEMS, THE USER DOES NOT LEGALLY “OWN” GAME CURRENCY OR VIRTUAL ITEMS, AND THAT NEITHER THE AMOUNT OF GAME CURRENCY NOR THE NUMBER OF VIRTUAL ITEMS REPRESENTS THE BALANCE OF THE REAL CURRENCY OR ITS EQUIVALENT. THE BALANCE OF GAME CURRENCY OR THE NUMBER OF VIRTUAL ITEMS SHOWN IN THE PROGRAM DOES NOT CONSTITUTE ANY BALANCE IN THE REAL WORLD OR REFLECT ANY ACCUMULATED VALUE, BUT THEY DETERMINE THE DEGREE OF THE USER’S LIMITED LICENSE. GAME CURRENCY AND VIRTUAL ITEMS MAY BE USED ONLY IN THE PROGRAM AND DO NOT HAVE ANY VALUE WHATSOEVER OUTSIDE THE PROGRAM.
5.9 The Paid Game Currency presented as a prepaid payment instrument in a separate page titled “Indication under the Act on Settlement of Funds” (including any similar indication) shall be treated as a prepaid payment instrument under the Act on Settlement of Funds. Any content other than a prepaid payment instrument (including content purchased by prepaid payment instrument) shall be deemed to be provided upon acquisition of such products/services and does not fall under a prepaid payment instrument. That indication is provided under the laws of Japan, and the provisions of this Paragraph apply to users living in Japan.
5.10 USERS LIVING IN THE EUROPEAN ECONOMIC AREA OR THE UK SHALL HAVE A CERTAIN CANCELLATION RIGHT REGARDING THE PURCHASE OF GAME CURRENCY AND VIRTUAL ITEMS. HOWEVER, A RIGHT TO ACCESS GAME CURRENCY OR VIRTUAL ITEMS IS GRANTED ON THE USER ACCOUNT, AND WHEN THE PROVISION OF THE SERVICE IS STARTED, THE USER SHALL BE DEEMED TO HAVE EXPRESSLY WAIVED THE CANCELLATION RIGHT. THE USER AGREES IN ADVANCE THAT (I) THE DOWNLOAD OF GAME CURRENCY OR VIRTUAL ITEMS STARTS IMMEDIATELY AFTER THE PURCHASE; AND (II) UPON THE COMPLETION OF THE PURCHASE, THE CANCELLATION RIGHT WILL LAPSE.
6. Intellectual property rights
6.1 Intellectual property rights related to the Program belong to Capcom or a legitimate third party and are protected by laws and agreements such as the Copyright Act of Japan and international treaties and agreements. IF A USER DOES NOT COMPLY WITH THIS AGREEMENT AND INFRINGES ON THE PROGRAM’S INTELLECTUAL PROPERTY RIGHTS, THEN THE OWNER OF THOSE INTELLECTUAL PROPERTY RIGHTS MAY, TO PROTECT THOSE RIGHTS, TAKE LEGAL MEASURES SUCH AS AN INJUNCTION TO STOP THE USE OF SUCH RIGHTS AND CLAIMS FOR COMPENSATION FOR DAMAGE.
6.2 This Agreement grants permission from Capcom for the user to use the Program. This Agreement does not transfer the Program’s intellectual property rights, either in whole or in part, to the user. Any rights not expressly granted hereunder shall be reserved by Capcom.
7. User Content
7.1 The user may post, publish, disclose, or otherwise share texts, images, videos, sound, and other content (“User Content”) in the Program, including by using a function of the Program or Third Party PF, a service provided by the Platformer.
7.2 When the user posts, publishes, discloses, or otherwise shares User Content in the Program, the user shall grant Capcom to the extent not violating applicable law a worldwide, non-exclusive, transferable, sublicensable, free, and irrevocable right to use or make use of the User Content (including secondary use) in connection with the provision of the Program and goods or services related to the Program for the duration of the intellectual property rights.
7.3 To the extent of not violating applicable law, the user shall not exercise the moral rights of an author or performer in connection with the use by Capcom or third parties to which a license is granted by Capcom under the preceding Paragraph.
7.4 If User Content contains a right of any third party other than the user, the user shall obtain the consent of the third party for the posting, publication, disclosure, or other provision of the User Content.
7.5 The user shall not include any of the following items in User Content:
(i) Items that damage the reputation or credibility of Capcom or another user
(ii) Items that promote discrimination, prejudice, racism, hatred, harassment, or infringement against any individual or body
(iii) Items that directly depict acts that stimulate sexual feelings
(iv) Items that are violent or intimidating or encourage violent or intimidating acts against others
(v) Items that infringe intellectual property rights, portrait rights, privacy rights, or other rights of a third party
(vi) Trade secrets or similar items
(vii) Items that are fraudulent, false, or deceptive, or those that may be misunderstood as such
(viii) Items related to prostitution or commercial sexual exploitation of children
(ix) Items that seek relationships with the opposite sex, accept a proposition for such relationships, or mediate information about such relationships
(x) Items containing a computer virus
(xi) Items contrary to public order and morals
(xii) Items that violate legislation or encourage violation
(xiii) In addition to the preceding items, items that Capcom reasonably finds are inappropriate in light of the purpose of the Program.
7.6 Capcom may change, trim, or otherwise alter User Content to the extent necessary for the smooth provision of the Program, or development, improvement, maintenance, etc. of Capcom’s systems.
7.7 Capcom may delete User Content without advance notice if it reasonably finds the User Content violates Paragraph 4 or 5 of this article or other provisions hereof.
8. Prohibited matters
8.1 When using the Program, users shall not carry out any of the following acts:
(i) Infringing Capcom’s intellectual property rights, such as reproducing (excluding reproduction for the purpose of installing the Program), modifying, altering, translating, analyzing, reverse engineering, or extracting the code from all or a part of the Program
(ii) An act of analyzing communication protocols or any other data used in the Program or an act of using any of those for any unintended purpose
(iii) An act of using all or part of the Program for a commercial purpose at an internet cafe, a game arcade, or any other venue, without Capcom’s prior written permission
(iv) An act of using all or part of the Program to host or organize an event, tournament, or the like with a commercial purpose, without Capcom’s prior written permission (excluding personal use within a limited scope, such as within the user’s family or between the user’s friends)
(v) Sales, promotion, advertisement, solicitation, or any other acts for a commercial purpose
(vi) An act of intentionally using a defect in the Program, if any
(vii) An act of interfering with the content or functions of the Program or with services provided by the Program (e.g., a player-versus-player service between Program users, cooperative or networking play with another Program user)(including illegally manipulating the Program or a service related to the Program by BOT, cheat tool, or other technology; causing discomfort to a third party, including by a sexual, discriminatory, or violent expression; inflicting a nuisance on the other user in a networking play with another Program user; taking any action that benefits an adversary or is uncooperative or flabby; not playing the game in good faith; abandoning the game deliberately; or interfering with the gameplay, including by disconnecting the line intentionally)
(viii) An act of unauthorized access, cracking, imposing an excessive burden, or otherwise interfering with the system for providing the Program
(ix) An act of illegal or unauthorized access, acquisition, alteration, disclosure, or any other similar activity against another user’s account, personal information, or other data
(x) An act of unwelcome following or stalking of another user
(xi) An act of impersonating Capcom or a third party or an act of deception so that the user appears to have a relationship with Capcom or a third party
(xii) Infringing a copyright, a trademark, a patent right or any other intellectual property rights, a portrait right or privacy right of Capcom or a third party, or any other rights of Capcom or a third party under a law or ordinance or under an agreement
(xiii) An act that is prohibited under the terms of use, code of conduct, or any other rules of the account service or the Platformer that the user uses in connection with use of the Program
(xiv) An act that violates or is likely to violate legislation or this Agreement
(xv) An act contrary to public order and morals
(xvi) Any act that defames Capcom or another user
(xvii) An act that is equivalent or similar to anything in the above items that is disadvantageous to Capcom or a third party
8.2 If Capcom reasonably determines that the user has carried out an act described in any item of the preceding Paragraph, then Capcom may take any or all measures stipulated below. The period for the measure in item (ii) below is determined at Capcom’s discretion.
(i) Request improvement with measures such as a reminder or a warning.
(ii) Stop the user from using the Program or limit the user’s use of the Program.
(iii) Delete any User Content posted, published, disclosed, or otherwise shared by the user in the Program.
(iv) Invalidate any Game Currency and Virtual Items that the user possesses in the game.
(v) Any other measures that Capcom deems appropriate.
8.3 Capcom may impose code of conduct or other rules to supplement this Agreement for the Program. In this case, if the contents of the code of conduct or other rules are inconsistent or repugnant to the provisions hereof, the contents of the code of conduct or other rules shall prevail, unless they provide a special reservation.
9. Effective period of this Agreement
This Agreement shall be effective from the effective date hereof to the day when it terminates under the conditions herein.
10. Termination
10.1 The user may, at any time, terminate this Agreement prospectively.
10.2 Capcom may rescind this Agreement if a user breaches any provision stipulated in this Agreement.
10.3 In the event of the termination hereof regardless of the reason, the user’s license for the Program shall lapse.
10.4 The provisions of Articles 6 through 8, Article 11, Article 12, Article 14, and this paragraph shall remain effective even after the termination hereof.
11. Export restrictions
The user shall comply with the laws and regulations of Japan and of other countries, and users shall not export, transmit using the Internet, or use any other method to export the Program to any country with which trade is suspended by Japan pursuant to Japan’s Foreign Exchange and Foreign Trade Act or Export Trade Control Order.
12. DISCLAIMER
12.1 CAPCOM PROVIDES THE PROGRAM ONLY ON AN AS-IS BASIS, AND CAPCOM DOES NOT GUARANTEE THE PROGRAM’S COMPLETENESS, OPERATIONAL STABILITY, SUITABILITY TO THE USER’S USE PURPOSE, OR ANY OTHER MATTER RELATED TO THE PROGRAM.
12.2 CAPCOM DOES NOT GUARANTEE THAT THE PROGRAM CAN BE USED PROPERLY ON THE VERSIONS OF THE OS AND ALL OTHER SOFTWARE AND ENVIRONMENT ON THE USER’S HARDWARE AND SHALL NOT BE RESPONSIBLE TO VERIFY ITS OPERATION OR MAKE IMPROVEMENTS TO GUARANTEE IT. NEITHER DOES CAPCOM GUARANTEE THAT THE PROGRAM WILL BE FREE FROM ISSUES WHILE USING THE PROGRAM IN ANY ENVIRONMENT OTHER THAN THE RECOMMENDED ENVIRONMENT AND OPERATING ENVIRONMENT OF THE PROGRAM, OR WITHOUT UPDATING THE VERSION OF THE OS OR ANY OTHER SOFTWARE.
12.3 CAPCOM DOES NOT GUARANTEE THAT THE PROGRAM WILL NOT BE INTERRUPTED, DISCONTINUED, OR OTHERWISE HINDERED.
12.4 EXCEPT IN CASES OF WILLFUL MISCONDUCT OR NEGLIGENCE BY CAPCOM, IN NO EVENT SHALL CAPCOM BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND CAUSED FROM USING THE PROGRAM.
12.5 IF CAPCOM IS FOUND TO BE LIABLE TO THE USER FOR DAMAGES IN CONNECTION WITH THE PROGRAM WHICH ARISES OUT OF NEGLIGENCE (EXCLUDING GROSS NEGLIGENCE) BY CAPCOM, CAPCOM SHALL ONLY BE LIABLE FOR DIRECT AND ORDINARY DAMAGES ACTUALLY INCURRED BY THE USER, REGARDLESS OF DEFAULT, TORT OR ANY OTHER CAUSE OF ACTION. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CAPCOM EXCEED THE AMOUNT PAID BY THE USER TO PURCHASE THE PROGRAM.
12.6 IF APPLYING ANY OF THE PRECEDING PARAGRAPHS IN THIS ARTICLE IS RESTRICTED BY APPLICABLE LAWS OR ORDINANCES, THEN THE LIABILITY BORNE BY CAPCOM TO COMPENSATE THE USER SHALL BE REDUCED OR WAIVED TO THE MAXIMUM DEGREE ALLOWED BY THAT LAW OR ORDINANCE.
13. Amendments to this Agreement
Capcom may, at its sole discretion, amend the provisions of this Agreement by posting the amended content of this Agreement on a Third Party PF, the official website for the Program’s titles, or on the Program’s screen. The amended provisions shall come into effect thirty (30) days after such posting or on a date separately stipulated by Capcom. By continuing using the Program after the amendment hereof, the user shall be deemed to have agreed to the amended Agreement.
14. Miscellaneous
14.1 This Agreement is governed by and is to be interpreted in accordance with the laws of Japan.
14.2 Any legal dispute arising out of this Agreement will be resolved in a court, and in that case, the Tokyo District Court will be the exclusively agreed court of jurisdiction in the first instance.
14.3 If any provision under this Agreement becomes invalid pursuant to an applicable law or ordinance, only that provision shall become invalid, and other provisions under this Agreement shall remain in full effect and force.
14.4 The user may have certain rights under enforceable legislation of the country or region where the user lives. In this case, none of the provisions herein shall eliminate, limit, or otherwise affect such rights of the user.
14.5 Without prior written consent of Capcom, the user shall not have a third party assume the status hereunder and shall not transfer all or part of the rights and obligations hereunder to a third party, have a third party assume them, or offer them as security.
14.6 Any failure or delay of Capcom in exercising any right or remedy hereunder shall not constitute a waiver of such right or remedy.
14.7 The original of this Agreement is in English. Any and all translated versions are provided only for reference purposes. The user agrees to waive any rights under the law of the country/region of your residence to have this Agreement executed, written or construed by any other language.
15. How to contact Capcom
Any communication from the customer to Capcom regarding this Program shall be made by sending an inquiry form to be placed at the appropriate location within this Program or on the website operated by Capcom, or by any other method designated by Capcom.
Effective as of January 26, 2024