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END USER LICENSE AGREEMENT
Last updated: March 5, 2024
IMPORTANT - Please read this End User License Agreement (hereinafter “EULA”) carefully before purchasing, downloading or installing the video game, the application, as well as their upgrades, patches and updates (hereinafter the “Product”) made available to you by Playdigious (hereinafter the “Company”), a video game development and publishing company, registered in Nancy No. 811 512 284 and having its registered office in 11 Rue Hermite - 54000 Nancy (France).
This EULA sets out the conditions under which the Company makes the Product available to you (the “user” or “you”) and under which you may use it. The Privacy and Personal Data Protection Charter, which can be consulted at the following addresses https://playdigious.com/privacy-policy/ and https://playdigious.com/personal-data/, forms an integral part of this EULA. By installing or using the Product, you agree to accept and be bound at all times by: (1) this EULA; and (2) the Privacy Policy. If you do not accept them, please do not install or use the Product.
The Company and its licensors reserve all rights not expressly granted to you under the EULA.
The Company reserves the right to change, modify, add or remove sections of this EULA at any time, in accordance with Section 12 below.
Before installing this Product, please ensure that your computer meets the minimum configuration required for this Product to function correctly.
1. Conditions Precedent for granting the License
The license granted in accordance with this EULA is specifically subject to the following:
a) You are of majority age under the applicable law of the place of sale and use of the Product. If you are under age, one of your parent(s) or legal guardian(s) must agree to be legally bound by this EULA and any applicable additional terms or provisions.
b) You agree to accept and comply with all of terms and conditions of this EULA and any additional terms and conditions that may apply to the Product and its use.
c) Your access to and use of the Product is subject to certain security measures including, but not limited to, the requirement to register the Product with a serial number, continued access to the Internet to take advantage of certain features, and acceptance of certain security or digital rights management features. Refusal to accept and comply fully with the security measures may partially or totally affect your use of the Product.
d) You shall access and use the Product in accordance with all applicable local, state, national and international laws and regulations where the Product is sold and used.
e) You shall access and use the Product only on local machines running copies of validly licensed operating systems designed for Product operation.
You are informed that this Product is not suitable for children under a certain age. Where possible, the Company shall indicate the appropriate age according to the content of the Product. In such cases, the minimum age indicated is only a suggestion, and the Company shall not be liable in any way if you decide that the Product is not suitable for your child.
2. Limited / Non-exclusive License
Subject to your compliance with the terms and conditions of this EULA, the Company hereby grants you a non-exclusive, non-transferable or sub-licensable, personal license to install and use the Product until this EULA is terminated by either you or the Company. This EULA also applies to any patches or updates you may obtain for the Product. In accordance with and without intention to limit the provisions of this EULA, the duplication, copying or any form of reproduction of the Product or the information, documents or other related or ancillary content on any server or location for the purpose of duplication, copying or any other form of reproduction, is expressly and explicitly prohibited, except for back-up copies made in accordance with applicable law, exclusively and where applicable.
Under no circumstances may you use, or allow others to use, the Product for commercial purposes without obtaining a specific license to do so from the Company.
Lastly, the Product may only be downloaded from an authorised source.
3. Property
This license does not give you any title or intellectual property rights in the Product, and should not be construed as an assignment of any intellectual property rights in the Product.
Any and all right, title and interest in and to the Product, including all copyrights, trademarks and other intellectual property associated with and/or related to the Product and all copies thereof (including, but not limited to, patches, updates, copies, derivative works, titles and computer code), themes, objects, characters, character names, stories, dialogue, key phrases, locations, concepts, illustrations, images, animations, sounds, musical compositions, audio-visual effects, texts, operating methods, moral rights and all related documentation, belong to the Company and/or its licensors.
The Product is protected by national and international laws, treaties and conventions on copyright and intellectual or industrial property rights of any nature whatsoever. The Product may contain certain licensed elements which have been licensed to the Company by third parties. In this case, the licensors may protect their rights in the event of a breach of this EULA. Any reproduction or representation of this licensed material in any manner and for any reason whatsoever is prohibited without prior consent of the Company and, where applicable, its licensors.
Only the physical medium on which the Product is recorded belongs to you. The Company and/or its licensors shall retain at all times the intellectual property of the Product recorded on the medium and all its subsequent copies in any form whatsoever.
4. Restrictions
You may not:
a) Sell, rent, lease, license, distribute, market or commercially exploit the Product or any of its parts or components;
b) Install or use the Product on a network server, a multiplayer environment or a remote access environment for the purpose of distribution to one (1) or more other computers/devices located on this network, or carry out such distribution, or make a copy of the Product accessible in any way or by means of a medium allowing its use by several players;
c) Use the Product, or allow the Product to be used, on multiple individual CPUs, game consoles, handheld devices, smartphones or PDAs at the same time, without obtaining a separate license from the Company, and more generally use the Product in a manner not expressly permitted in this EULA;
d) Reverse engineer, derive the source code, modify, decompile, disassemble, copy or create derivative works of the Product, in whole or in part;
e) Delete, modify, deactivate or circumvent any copyright, trademark, proprietary notice, label or security technology included in the Product;
f) Use the Product or create, use, share and/or publish by any means in connection with the Product any material intended to infringe or violate the rights of any third party (including, without limitation, any intellectual property, publicity or privacy rights) or to breach any confidentiality duty;
g) Remove, disable or circumvent any security protections or technical measures controlling access to the Product and/or intended to prevent or hinder the infringement of copyright or other intellectual property rights in the Product;
h) Use, export or re-export the Product in violation of any applicable law or regulation;
i) Behave in a way that is detrimental to the enjoyment of the Product by other users (harassing or threatening other users, using abusive or offensive language, sabotaging a game, transmitting or spreading a virus, Trojan horse, worm, bomb, corrupted file or data, spamming, social engineering, scamming, cheating, etc.).
In addition, you agree to comply with all safety information, maintenance instructions or other relevant notices contained in the manual supplied with the Product.
5. Technical Protection Measures
The Product may be protected by technical protection measures.
You accept and acknowledge that:
- The number of installations or activations of the Product may be limited;
- Certain files and/or data may be downloaded to your device and certain information items may be collected for the purposes of authenticating the Product;
- An Internet connection may be required;
- Certain downloaded files or data may remain active after the Product has been uninstalled.
If you deactivate or modify the technical protection measures in any way, the Product may not function correctly.
Furthermore, deactivation or modification of technical protection measures shall be a material breach of this EULA.
6. Third-party Content
Contents of other users, advertisers and other third parties or hyperlinks to such contents may be made available to you in connection with the use of the Product. Because we have no control over third-party content, you agree that, except in cases of wilful misconduct or gross negligence by the Company, we shall not be responsible for such third-party content, nor shall we guarantee the reliability or quality of the information contained in such third-party content. Furthermore, we accept no liability for third-party content that is negligent, objectionable, inaccurate, misleading or unlawful. Reference to any products, services, processes or other information by trade name or trademark, manufacturer, supplier or otherwise shall not constitute or imply approval, endorsement or recommendation thereof by the Company, unless expressly stated by the Company.
If you notice any third-party content that is clearly illegal, you can report it to us on the consumer support address: https://playdigious.helpshift.com/hc/fr/12-playdigious/faq/141-how-to-report-an-issue-and-contact-our-support-team/. You should then clearly identify the third-party content under your report, and add any additional relevant information so as to demonstrate the illegal as well as manifest nature of such content.
Lastly, you accept that the Product may incorporate open-source software and third-party software; in this case, you agree to be bound by the terms of the licenses applicable to such software.
7. Warning on the risks of epilepsy and precautions to be taken when using a video game
Some people are susceptible to epileptic seizures or loss of consciousness at the sight of certain types of flashing lights or elements that are common in our everyday environment. These people are exposed to seizures when they watch certain television images or play certain video games. These phenomena can appear even though the subject has no medical history or has never experienced an epileptic seizure. If you have previously experienced epilepsy-related symptoms (seizures or loss of consciousness) in the presence of light stimulation, please consult your doctor before using the device. In any case, please observe the following rules when using a video game:
- Avoid playing if you are tired or sleep-deprived;
- Make sure you’re playing in a well-lit room;
- During use, take breaks of ten (10) to fifteen (15) minutes every hour.
8. Limited Commercial Guarantee for Product purchased on a physical medium
If you purchased the Product on a physical medium (CD, cartridge or DVD-ROM), this Section 8 applies to you.
In addition to any statutory warranty you may have under applicable law, the Company warrants that the physical media containing the Product shall be free from defects in materials and workmanship for a period of ninety (90) days from the date of purchase. In the event that the media for the Product proves manifestly defective during this period, the Company shall, at its option and free of charge: (a) correct any defect; or (b) replace the Product; or (c) replace the Product with a similar product of equal or greater value (in the event that the Product is no longer manufactured by the Company or the Company no longer has it in stock); or (d) refund the Product’s full cost to you upon presentation of written proof of purchase of the defective media. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE COMMERCIAL WARRANTY PROVIDED IN THIS SECTION. When you return the Product for warranty replacement, please send us (to the address shown on the first page) the original disc or, as the case may be, cartridge or DVD only in its protective packaging and include: (i) a photocopy of your dated purchase invoice; (ii) your typed or clearly printed name and return address; and (iii) a brief note describing the defect, the problem(s) you are experiencing and the hardware and system on which you are running the Product program.
The limited warranty referred to in the above paragraph shall be null and void and shall not apply to media that have been subject to misuse, accident, damage or excessive wear and tear. Any replacement Product shall be warranted for the remainder of the commercial warranty period or thirty (30) days, whichever is longer.
9. Product’s Legal Compliance
The Company is liable for defects in Product compliance under Articles L.217-4 et seq. of the [French] Consumer Code, and for hidden defects in the Products under Articles 1641 et seq. of the [French] Civil Code.
In consequence:
- you have a period of two (2) years from the delivery of the Products to take action;
- you may choose between repairing or replacing the Products, subject to the cost conditions set out in Article L. 217-9 of the Consumer Code.
You must justify the existence of a lack of conformity of your Product, which shall be deemed to have existed at the time of its sale by the Company if you discovered it in the two (2) years following the said sale.
You may also decide to invoke the guarantee against hidden defects under Article 1641 of the Civil Code, in which case you may choose between rescission of the sale or a reduction in the sale price under Article 1644 of the Civil Code.
Where the order does not conform or the Product is defective, we recommend that you write to us at the address indicated on the first page as soon as possible and notify us of the problem, indicating “DEFECTIVE PRODUCT” in the subject line. The Product should be returned to the same address.
All returns of Products due to defects or non-conformity shall be subject to verification by our dedicated teams.
The Product may only be exchanged while stocks last. Where the Product is no longer available, a refund shall be made. Reasonable delivery costs incurred for the return of a Product shall only be refunded if the Company has been able to verify that the Product is actually defective.
10. Right of Withdrawal
10.1. If you purchased the Product on a physical medium (CD, cartridge or DVD-ROM)
You have fourteen (14) calendar days in which to return the Product, without any obligation to provide justification or pay penalties, from the day on which you acquire—or a third party other than the carrier acquires—physical possession of the Product.
To exercise the right of withdrawal, you must inform our customer support team of your decision to withdraw by means of an unequivocal statement (e.g. specifying “WITHDRAWAL OF PRODUCT ORDER”), sent to the following address: Playdigious, 147 Rue Saint-Martin, 75003 Paris.
You must also enclose the Product with your shipment, or send it to the Company before the end of the withdrawal period. If the Product is returned after the withdrawal period, withdrawal may be refused; the Product shall then be returned to you.
If you withdraw, the Company shall refund all payments received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery type other than the cheapest standard delivery type offered), without undue delay and in any event no later than fourteen (14) days from the day when the Company was informed of your decision to withdraw. The Company shall make the refund using the same means of payment that you used for the original transaction, unless you expressly agreed otherwise; in any case, you shall not incur any costs as a result of this refund. The Company may defer the refund until it has received the Product back or you have provided proof that you have returned the Product, whichever is earlier. You shall bear the direct cost of returning the Product.
You shall be solely responsible for any depreciation in the value of the Product resulting from improper handling. IT IS ALSO SPECIFIED THAT THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED IN RESPECT OF PRODUCTS THAT HAVE BEEN OPENED BY THE CONSUMER AFTER DELIVERY. PLEASE NOTE THAT DUE TO THEIR NATURE, THE PURCHASE OF SURPRISE BOXES OR CUSTOMISED PRODUCTS IS FINAL.
10.2. If you purchased the Product on a dematerialised medium (digital content not presented on a physical medium)
During the Product purchase process, you will be asked to confirm that you expressly agree to the supply of digital content not presented on a physical medium, and that you waive the exercise of your right of withdrawal.
In consequence, and under these conditions, the provisions relating to the right of withdrawal shall not apply to your purchase of the Product.
11. No Warranty / Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THE PRODUCT IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY, ITS LICENSORS, DISTRIBUTION PARTNERS AND RELATED SERVICE PROVIDERS MAKE NO CONDITIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND DISCLAIM ALL OF THEM AND THE OTHER TERMS, INCLUDING WITH RESPECT TO: (A) ITS COMPLIANCE, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY OR SAFETY; (B) ITS FITNESS FOR A PARTICULAR PURPOSE; (C) IMPLIED WARRANTIES OF TITLE AND NON-INFRINGEMENT; (D) ITS MERCHANTABILITY; OR (E) YOUR SATISFACTION. THE COMPANY DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE PRODUCT TO ACHIEVE THE RESULTS YOU EXPECT AND FOR ITS INSTALLATION, USE AND RESULTS.
FURTHERMORE, ALTHOUGH THE PRODUCT MAY BE ACCESSIBLE WORLDWIDE, THE COMPANY MAKES NO REPRESENTATION THAT THE PRODUCT IS APPROPRIATE OR AVAILABLE FOR USE IN YOUR TERRITORY OF RESIDENCE. THOSE WHO CHOOSE TO ACCESS THE PRODUCT FROM SUCH A TERRITORY DO SO ON THEIR OWN INITIATIVE, AND REMAIN FULLY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS TO THE EXTENT APPLICABLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS LICENSORS, DISTRIBUTION PARTNERS OR ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY ASSOCIATED THIRD-PARTY SERVICE. THIS INCLUDES, WITHOUT LIMITATION: (A) ALL DAMAGES OF ANY KIND, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER ACCIDENTAL OR NEGLIGENT); OR (B) DIRECT DAMAGES; (C) ACCIDENTAL DAMAGES; (D) INCIDENTAL DAMAGES; (E) CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, LOSS OF INFORMATION OR ANY PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT; AND (F) INDIRECT DAMAGES, EVEN WHERE THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING LIMITATIONS OF LIABILITY, YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY DISPUTE WITH THE COMPANY OR ITS LICENSORS, DISTRIBUTION PARTNERS AND RELATED SERVICE PROVIDERS IS TO DISCONTINUE USING THE PRODUCT AND, IF APPLICABLE, SEEK DAMAGES FOR YOUR INJURIES. THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY OR ITS LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR ATTEMPTED USE OF THIS PRODUCT SHALL BE LIMITED TO THE PURCHASE PRICE ACTUALLY PAID BY YOU FOR THIS PRODUCT.
NO PROVISION OF THIS SECTION 9 SHALL AFFECT THE COMPANY’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE COMPANY’S NEGLIGENCE OR FOR FRAUD OR MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR THE PURPOSES OF THIS SECTION 9, THE COMPANY’S LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS SHALL BENEFIT AS THIRD PARTIES FROM THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND MAY ENFORCE THIS CLAUSE AGAINST YOU.
SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY DESCRIBED ABOVE, SO THE ABOVE CONDITIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS.
YOU MAY ALSO HAVE ADDITIONAL LEGAL RIGHTS WITHIN YOUR JURISDICTION AND NOTHING IN THIS AGREEMENT SHALL AFFECT ANY RIGHTS YOU MAY HAVE AS A CONSUMER OF THE PRODUCT.
12. Compensation
You assume full responsibility for damages caused to the Company, its licensors, distribution partners, associated service providers and subcontractors, other users of the Product and any other natural person or legal entity by your breaching this EULA.
YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS LICENSORS, DISTRIBUTION PARTNERS AND RELATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES AND ALLEGED DAMAGES AND COSTS (INCLUDING ATTORNEYS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOU AND/OR RESULTING FROM: (A) YOUR BREACH OF ANY TERM OF THIS AGREEMENT; OR (B) YOUR USE OR MISUSE OF THE PRODUCT. The Company reserves the right to assume sole control, at its own expense, of the defence of any claim against which you have agreed to indemnify the Company. The terms of this Section 10 shall survive termination of this EULA.
13. Duration / Termination
This EULA shall remain in force until terminated. You may terminate this EULA at any time by deleting or uninstalling the Product from your media or destroying the Product in your possession.
The EULA shall automatically be terminated by the Company if you breach any of the terms hereof, for instance:
• Termination for infringement of intellectual property rights: You acknowledge that you have been informed that any infringement of the intellectual property rights of the Company or its licensors may result in the immediate termination of EULA. In particular, the sale or provision of content from the Product to you or third parties by any means shall result in immediate termination of the EULA, without prejudice to the Company’s right to take legal action against the infringing user.
• Termination for non-compliance with “gameplay” (player experience developed by the Company in the game): You acknowledge that you have been informed that any attempt to circumvent the Product gameplay in order to distort the normal rules of progression provided by the game may result in the immediate termination of the EULA. Any information communicated by you to third parties concerning the possible implementation of means likely to circumvent the gameplay may result in legal action being taken against you.
In the event of termination for any reason, you must immediately uninstall the Product and destroy all copies of the Product in your possession.
All provisions of this EULA relating to warranties, limitations of liability, remedies and damages shall survive termination, to the extent provided by mandatory provisions of applicable law.
14. Modification of this EULA or the Product
The Company reserves the right, at its sole discretion, to revise, update, change, modify, add, supplement or remove any terms of this EULA for security, legal, best practice or regulatory reasons, and shall post such changes on the Company’s website from time to time and/or communicate them to you by any means. If any future modification of this EULA is unacceptable to you or causes you to no longer agree or comply with this EULA, you may terminate this EULA in accordance with Section 11 and must immediately uninstall the Product and destroy all copies of the Product. To the extent permitted by applicable law, changes to this EULA subsequent to your purchase of the Product shall be binding on you, and your continued use of the Product following any revision to this EULA shall constitute your full and irrevocable acceptance of all changes to this EULA.
The Company may modify the Product for any or no specific reason, at any time and at its own discretion, in particular for technical reasons such as updates, maintenance operations and/or resets intended to enhance and/or optimise the Product. You agree that the Product may install or download changes automatically. You agree that the Company may stop supporting the Product once an updated version is available. The Company’s distribution partners and associated service providers are under no obligation to provide maintenance or customer support for the Product.
15. Collection of Personal Data
The collection of personal data organised by the Company on the occasion of your acquisition and use of the Product shall be governed by the provisions of the Confidentiality and Personal Data Protection Charter, which can be consulted on https://playdigious.com/privacy-policy/.
You are hereby informed that the Company processes the following data via its PLAYFABTM tool:
- Authentication data (name, connection history, etc.);
- Unique identification numbers and signatures (IP, etc);
- Location data;
- Device identification (platform).
This data is processed exclusively for the purpose of improving the Product; its processing is legitimised by your consent, and it is not transferred outside the European Union unless the Company has taken appropriate security measures in accordance with applicable regulations. Your data shall only be kept for as long as is necessary for irreversible anonymisation (maximum 2 years).
Under applicable regulations, any natural person concerned who can prove their identity has the right to access, rectify, delete, oppose, limit or port personal data concerning them. You also have the right to lodge a complaint with a supervisory authority.
16. Miscellaneous
16.1 Order
Because the Company could suffer irreparable harm if the terms of this EULA are not duly performed, you agree that the Company shall have the right, without bond or other security or proof of harm, to take appropriate action, including, without limitation, the right to seek injunctive or other equitable relief, in addition to any other remedies available to us under applicable law.
16.2 Force majeure
The Company shall under no circumstances be liable in the event of force majeure, as defined by applicable law (in France by Article 1218 of the Civil Code and according to Cour de Cassation [Supreme Court of Appeal] case law), and making it impossible for the Company to fulfil its obligations under this EULA.
16.3 Export controls
You are not authorised to export, download or re-export the Product to any country (you are a national or resident of) subject to an embargo in force.
16.4 Severability
If any provision of this EULA is held by an authority or court of competent jurisdiction to be invalid, illegal or unenforceable, such provision or part thereof shall, to the extent necessary, be deemed to be severed and the validity and enforceability of the remaining provisions of this EULA shall not be affected thereby. In the event that any invalid, unenforceable or illegal provision of this EULA could be valid, enforceable and legal if part of such provision were deleted, then it shall apply with the minimum change necessary to make it legal, valid and enforceable while reflecting the Company’s original intentions.
16.5 No waiver
No delay by the Company (or its licensors) in asserting—or failure to assert—any right or remedy provided by this EULA or by law shall operate as a waiver of such right or remedy or any other right or remedy, nor shall such delay or failure prevent or restrict the exercise thereof in the future. No single or partial exercise of such right or remedy shall prevent or restrict the exercise of such right or remedy or any other right or remedy. No waiver of any right or remedy shall be deemed effective until a written statement to that effect has been signed by the Company.
17. Law and Jurisdiction
In the event of any claim or action relating to or arising from this EULA, whether in contract or tort, and after an attempt has been made to find an amicable solution, the following rules shall apply, notwithstanding plurality of defendants or the introduction of third parties, even for emergency proceedings or protective proceedings, in summary proceedings or by petition.
If you reside in France, this EULA shall be governed by French law and jurisdiction is expressly attributed to the Paris courts. In the event of a dispute with the Company, you may refer the matter to a consumer ombudsman before bringing the matter before the competent court.
If you reside in the United States, this EULA shall be governed by the laws of the State of California, without application of its conflict of laws rules, and jurisdiction is expressly granted to California courts.
If you reside in a country other than France or the United States, this EULA shall be governed by French law, and jurisdiction is expressly attributed to the Paris courts, unless the laws of your country of residence or the laws of the European Union provide otherwise, and notwithstanding the application of any mandatory and protective provisions of your country of residence to this EULA.
The European Commission provides EU consumers with an Online Dispute Resolution site on https://ec.europa.eu/consumers/odr.
18. Class Action Waiver
This Article 18 applies only to the extent permitted by applicable law.
You agree not to commence or participate in any legal action, class action, general action with private counsel or class arbitration relating to the Product or this EULA. You also agree not to seek to combine any action or arbitration in connection with the Product or this EULA with any other action or arbitration without the consent of all parties to this EULA and any other action or arbitration.
______________________
If you have any questions about this EULA, you can contact the Company at the following address: https://playdigious.helpshift.com/hc/fr/12-playdigious/faq/141-how-to-report-an-issue-and-contact-our-support-team/.
THIS EULA APPLIES ONLY TO THE EXTENT PERMITTED BY LAW AND INTERNATIONAL CONVENTIONS.
Last updated: March 5, 2024
IMPORTANT - Please read this End User License Agreement (hereinafter “EULA”) carefully before purchasing, downloading or installing the video game, the application, as well as their upgrades, patches and updates (hereinafter the “Product”) made available to you by Playdigious (hereinafter the “Company”), a video game development and publishing company, registered in Nancy No. 811 512 284 and having its registered office in 11 Rue Hermite - 54000 Nancy (France).
This EULA sets out the conditions under which the Company makes the Product available to you (the “user” or “you”) and under which you may use it. The Privacy and Personal Data Protection Charter, which can be consulted at the following addresses https://playdigious.com/privacy-policy/ and https://playdigious.com/personal-data/, forms an integral part of this EULA. By installing or using the Product, you agree to accept and be bound at all times by: (1) this EULA; and (2) the Privacy Policy. If you do not accept them, please do not install or use the Product.
The Company and its licensors reserve all rights not expressly granted to you under the EULA.
The Company reserves the right to change, modify, add or remove sections of this EULA at any time, in accordance with Section 12 below.
Before installing this Product, please ensure that your computer meets the minimum configuration required for this Product to function correctly.
1. Conditions Precedent for granting the License
The license granted in accordance with this EULA is specifically subject to the following:
a) You are of majority age under the applicable law of the place of sale and use of the Product. If you are under age, one of your parent(s) or legal guardian(s) must agree to be legally bound by this EULA and any applicable additional terms or provisions.
b) You agree to accept and comply with all of terms and conditions of this EULA and any additional terms and conditions that may apply to the Product and its use.
c) Your access to and use of the Product is subject to certain security measures including, but not limited to, the requirement to register the Product with a serial number, continued access to the Internet to take advantage of certain features, and acceptance of certain security or digital rights management features. Refusal to accept and comply fully with the security measures may partially or totally affect your use of the Product.
d) You shall access and use the Product in accordance with all applicable local, state, national and international laws and regulations where the Product is sold and used.
e) You shall access and use the Product only on local machines running copies of validly licensed operating systems designed for Product operation.
You are informed that this Product is not suitable for children under a certain age. Where possible, the Company shall indicate the appropriate age according to the content of the Product. In such cases, the minimum age indicated is only a suggestion, and the Company shall not be liable in any way if you decide that the Product is not suitable for your child.
2. Limited / Non-exclusive License
Subject to your compliance with the terms and conditions of this EULA, the Company hereby grants you a non-exclusive, non-transferable or sub-licensable, personal license to install and use the Product until this EULA is terminated by either you or the Company. This EULA also applies to any patches or updates you may obtain for the Product. In accordance with and without intention to limit the provisions of this EULA, the duplication, copying or any form of reproduction of the Product or the information, documents or other related or ancillary content on any server or location for the purpose of duplication, copying or any other form of reproduction, is expressly and explicitly prohibited, except for back-up copies made in accordance with applicable law, exclusively and where applicable.
Under no circumstances may you use, or allow others to use, the Product for commercial purposes without obtaining a specific license to do so from the Company.
Lastly, the Product may only be downloaded from an authorised source.
3. Property
This license does not give you any title or intellectual property rights in the Product, and should not be construed as an assignment of any intellectual property rights in the Product.
Any and all right, title and interest in and to the Product, including all copyrights, trademarks and other intellectual property associated with and/or related to the Product and all copies thereof (including, but not limited to, patches, updates, copies, derivative works, titles and computer code), themes, objects, characters, character names, stories, dialogue, key phrases, locations, concepts, illustrations, images, animations, sounds, musical compositions, audio-visual effects, texts, operating methods, moral rights and all related documentation, belong to the Company and/or its licensors.
The Product is protected by national and international laws, treaties and conventions on copyright and intellectual or industrial property rights of any nature whatsoever. The Product may contain certain licensed elements which have been licensed to the Company by third parties. In this case, the licensors may protect their rights in the event of a breach of this EULA. Any reproduction or representation of this licensed material in any manner and for any reason whatsoever is prohibited without prior consent of the Company and, where applicable, its licensors.
Only the physical medium on which the Product is recorded belongs to you. The Company and/or its licensors shall retain at all times the intellectual property of the Product recorded on the medium and all its subsequent copies in any form whatsoever.
4. Restrictions
You may not:
a) Sell, rent, lease, license, distribute, market or commercially exploit the Product or any of its parts or components;
b) Install or use the Product on a network server, a multiplayer environment or a remote access environment for the purpose of distribution to one (1) or more other computers/devices located on this network, or carry out such distribution, or make a copy of the Product accessible in any way or by means of a medium allowing its use by several players;
c) Use the Product, or allow the Product to be used, on multiple individual CPUs, game consoles, handheld devices, smartphones or PDAs at the same time, without obtaining a separate license from the Company, and more generally use the Product in a manner not expressly permitted in this EULA;
d) Reverse engineer, derive the source code, modify, decompile, disassemble, copy or create derivative works of the Product, in whole or in part;
e) Delete, modify, deactivate or circumvent any copyright, trademark, proprietary notice, label or security technology included in the Product;
f) Use the Product or create, use, share and/or publish by any means in connection with the Product any material intended to infringe or violate the rights of any third party (including, without limitation, any intellectual property, publicity or privacy rights) or to breach any confidentiality duty;
g) Remove, disable or circumvent any security protections or technical measures controlling access to the Product and/or intended to prevent or hinder the infringement of copyright or other intellectual property rights in the Product;
h) Use, export or re-export the Product in violation of any applicable law or regulation;
i) Behave in a way that is detrimental to the enjoyment of the Product by other users (harassing or threatening other users, using abusive or offensive language, sabotaging a game, transmitting or spreading a virus, Trojan horse, worm, bomb, corrupted file or data, spamming, social engineering, scamming, cheating, etc.).
In addition, you agree to comply with all safety information, maintenance instructions or other relevant notices contained in the manual supplied with the Product.
5. Technical Protection Measures
The Product may be protected by technical protection measures.
You accept and acknowledge that:
- The number of installations or activations of the Product may be limited;
- Certain files and/or data may be downloaded to your device and certain information items may be collected for the purposes of authenticating the Product;
- An Internet connection may be required;
- Certain downloaded files or data may remain active after the Product has been uninstalled.
If you deactivate or modify the technical protection measures in any way, the Product may not function correctly.
Furthermore, deactivation or modification of technical protection measures shall be a material breach of this EULA.
6. Third-party Content
Contents of other users, advertisers and other third parties or hyperlinks to such contents may be made available to you in connection with the use of the Product. Because we have no control over third-party content, you agree that, except in cases of wilful misconduct or gross negligence by the Company, we shall not be responsible for such third-party content, nor shall we guarantee the reliability or quality of the information contained in such third-party content. Furthermore, we accept no liability for third-party content that is negligent, objectionable, inaccurate, misleading or unlawful. Reference to any products, services, processes or other information by trade name or trademark, manufacturer, supplier or otherwise shall not constitute or imply approval, endorsement or recommendation thereof by the Company, unless expressly stated by the Company.
If you notice any third-party content that is clearly illegal, you can report it to us on the consumer support address: https://playdigious.helpshift.com/hc/fr/12-playdigious/faq/141-how-to-report-an-issue-and-contact-our-support-team/. You should then clearly identify the third-party content under your report, and add any additional relevant information so as to demonstrate the illegal as well as manifest nature of such content.
Lastly, you accept that the Product may incorporate open-source software and third-party software; in this case, you agree to be bound by the terms of the licenses applicable to such software.
7. Warning on the risks of epilepsy and precautions to be taken when using a video game
Some people are susceptible to epileptic seizures or loss of consciousness at the sight of certain types of flashing lights or elements that are common in our everyday environment. These people are exposed to seizures when they watch certain television images or play certain video games. These phenomena can appear even though the subject has no medical history or has never experienced an epileptic seizure. If you have previously experienced epilepsy-related symptoms (seizures or loss of consciousness) in the presence of light stimulation, please consult your doctor before using the device. In any case, please observe the following rules when using a video game:
- Avoid playing if you are tired or sleep-deprived;
- Make sure you’re playing in a well-lit room;
- During use, take breaks of ten (10) to fifteen (15) minutes every hour.
8. Limited Commercial Guarantee for Product purchased on a physical medium
If you purchased the Product on a physical medium (CD, cartridge or DVD-ROM), this Section 8 applies to you.
In addition to any statutory warranty you may have under applicable law, the Company warrants that the physical media containing the Product shall be free from defects in materials and workmanship for a period of ninety (90) days from the date of purchase. In the event that the media for the Product proves manifestly defective during this period, the Company shall, at its option and free of charge: (a) correct any defect; or (b) replace the Product; or (c) replace the Product with a similar product of equal or greater value (in the event that the Product is no longer manufactured by the Company or the Company no longer has it in stock); or (d) refund the Product’s full cost to you upon presentation of written proof of purchase of the defective media. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE COMMERCIAL WARRANTY PROVIDED IN THIS SECTION. When you return the Product for warranty replacement, please send us (to the address shown on the first page) the original disc or, as the case may be, cartridge or DVD only in its protective packaging and include: (i) a photocopy of your dated purchase invoice; (ii) your typed or clearly printed name and return address; and (iii) a brief note describing the defect, the problem(s) you are experiencing and the hardware and system on which you are running the Product program.
The limited warranty referred to in the above paragraph shall be null and void and shall not apply to media that have been subject to misuse, accident, damage or excessive wear and tear. Any replacement Product shall be warranted for the remainder of the commercial warranty period or thirty (30) days, whichever is longer.
9. Product’s Legal Compliance
The Company is liable for defects in Product compliance under Articles L.217-4 et seq. of the [French] Consumer Code, and for hidden defects in the Products under Articles 1641 et seq. of the [French] Civil Code.
In consequence:
- you have a period of two (2) years from the delivery of the Products to take action;
- you may choose between repairing or replacing the Products, subject to the cost conditions set out in Article L. 217-9 of the Consumer Code.
You must justify the existence of a lack of conformity of your Product, which shall be deemed to have existed at the time of its sale by the Company if you discovered it in the two (2) years following the said sale.
You may also decide to invoke the guarantee against hidden defects under Article 1641 of the Civil Code, in which case you may choose between rescission of the sale or a reduction in the sale price under Article 1644 of the Civil Code.
Where the order does not conform or the Product is defective, we recommend that you write to us at the address indicated on the first page as soon as possible and notify us of the problem, indicating “DEFECTIVE PRODUCT” in the subject line. The Product should be returned to the same address.
All returns of Products due to defects or non-conformity shall be subject to verification by our dedicated teams.
The Product may only be exchanged while stocks last. Where the Product is no longer available, a refund shall be made. Reasonable delivery costs incurred for the return of a Product shall only be refunded if the Company has been able to verify that the Product is actually defective.
10. Right of Withdrawal
10.1. If you purchased the Product on a physical medium (CD, cartridge or DVD-ROM)
You have fourteen (14) calendar days in which to return the Product, without any obligation to provide justification or pay penalties, from the day on which you acquire—or a third party other than the carrier acquires—physical possession of the Product.
To exercise the right of withdrawal, you must inform our customer support team of your decision to withdraw by means of an unequivocal statement (e.g. specifying “WITHDRAWAL OF PRODUCT ORDER”), sent to the following address: Playdigious, 147 Rue Saint-Martin, 75003 Paris.
You must also enclose the Product with your shipment, or send it to the Company before the end of the withdrawal period. If the Product is returned after the withdrawal period, withdrawal may be refused; the Product shall then be returned to you.
If you withdraw, the Company shall refund all payments received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery type other than the cheapest standard delivery type offered), without undue delay and in any event no later than fourteen (14) days from the day when the Company was informed of your decision to withdraw. The Company shall make the refund using the same means of payment that you used for the original transaction, unless you expressly agreed otherwise; in any case, you shall not incur any costs as a result of this refund. The Company may defer the refund until it has received the Product back or you have provided proof that you have returned the Product, whichever is earlier. You shall bear the direct cost of returning the Product.
You shall be solely responsible for any depreciation in the value of the Product resulting from improper handling. IT IS ALSO SPECIFIED THAT THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED IN RESPECT OF PRODUCTS THAT HAVE BEEN OPENED BY THE CONSUMER AFTER DELIVERY. PLEASE NOTE THAT DUE TO THEIR NATURE, THE PURCHASE OF SURPRISE BOXES OR CUSTOMISED PRODUCTS IS FINAL.
10.2. If you purchased the Product on a dematerialised medium (digital content not presented on a physical medium)
During the Product purchase process, you will be asked to confirm that you expressly agree to the supply of digital content not presented on a physical medium, and that you waive the exercise of your right of withdrawal.
In consequence, and under these conditions, the provisions relating to the right of withdrawal shall not apply to your purchase of the Product.
11. No Warranty / Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THE PRODUCT IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY, ITS LICENSORS, DISTRIBUTION PARTNERS AND RELATED SERVICE PROVIDERS MAKE NO CONDITIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND DISCLAIM ALL OF THEM AND THE OTHER TERMS, INCLUDING WITH RESPECT TO: (A) ITS COMPLIANCE, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY OR SAFETY; (B) ITS FITNESS FOR A PARTICULAR PURPOSE; (C) IMPLIED WARRANTIES OF TITLE AND NON-INFRINGEMENT; (D) ITS MERCHANTABILITY; OR (E) YOUR SATISFACTION. THE COMPANY DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE PRODUCT TO ACHIEVE THE RESULTS YOU EXPECT AND FOR ITS INSTALLATION, USE AND RESULTS.
FURTHERMORE, ALTHOUGH THE PRODUCT MAY BE ACCESSIBLE WORLDWIDE, THE COMPANY MAKES NO REPRESENTATION THAT THE PRODUCT IS APPROPRIATE OR AVAILABLE FOR USE IN YOUR TERRITORY OF RESIDENCE. THOSE WHO CHOOSE TO ACCESS THE PRODUCT FROM SUCH A TERRITORY DO SO ON THEIR OWN INITIATIVE, AND REMAIN FULLY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS TO THE EXTENT APPLICABLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS LICENSORS, DISTRIBUTION PARTNERS OR ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY ASSOCIATED THIRD-PARTY SERVICE. THIS INCLUDES, WITHOUT LIMITATION: (A) ALL DAMAGES OF ANY KIND, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER ACCIDENTAL OR NEGLIGENT); OR (B) DIRECT DAMAGES; (C) ACCIDENTAL DAMAGES; (D) INCIDENTAL DAMAGES; (E) CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, LOSS OF INFORMATION OR ANY PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT; AND (F) INDIRECT DAMAGES, EVEN WHERE THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING LIMITATIONS OF LIABILITY, YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY DISPUTE WITH THE COMPANY OR ITS LICENSORS, DISTRIBUTION PARTNERS AND RELATED SERVICE PROVIDERS IS TO DISCONTINUE USING THE PRODUCT AND, IF APPLICABLE, SEEK DAMAGES FOR YOUR INJURIES. THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY OR ITS LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR ATTEMPTED USE OF THIS PRODUCT SHALL BE LIMITED TO THE PURCHASE PRICE ACTUALLY PAID BY YOU FOR THIS PRODUCT.
NO PROVISION OF THIS SECTION 9 SHALL AFFECT THE COMPANY’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE COMPANY’S NEGLIGENCE OR FOR FRAUD OR MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR THE PURPOSES OF THIS SECTION 9, THE COMPANY’S LICENSORS, DISTRIBUTION PARTNERS AND ASSOCIATED SERVICE PROVIDERS SHALL BENEFIT AS THIRD PARTIES FROM THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND MAY ENFORCE THIS CLAUSE AGAINST YOU.
SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY DESCRIBED ABOVE, SO THE ABOVE CONDITIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS.
YOU MAY ALSO HAVE ADDITIONAL LEGAL RIGHTS WITHIN YOUR JURISDICTION AND NOTHING IN THIS AGREEMENT SHALL AFFECT ANY RIGHTS YOU MAY HAVE AS A CONSUMER OF THE PRODUCT.
12. Compensation
You assume full responsibility for damages caused to the Company, its licensors, distribution partners, associated service providers and subcontractors, other users of the Product and any other natural person or legal entity by your breaching this EULA.
YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS LICENSORS, DISTRIBUTION PARTNERS AND RELATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES AND ALLEGED DAMAGES AND COSTS (INCLUDING ATTORNEYS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOU AND/OR RESULTING FROM: (A) YOUR BREACH OF ANY TERM OF THIS AGREEMENT; OR (B) YOUR USE OR MISUSE OF THE PRODUCT. The Company reserves the right to assume sole control, at its own expense, of the defence of any claim against which you have agreed to indemnify the Company. The terms of this Section 10 shall survive termination of this EULA.
13. Duration / Termination
This EULA shall remain in force until terminated. You may terminate this EULA at any time by deleting or uninstalling the Product from your media or destroying the Product in your possession.
The EULA shall automatically be terminated by the Company if you breach any of the terms hereof, for instance:
• Termination for infringement of intellectual property rights: You acknowledge that you have been informed that any infringement of the intellectual property rights of the Company or its licensors may result in the immediate termination of EULA. In particular, the sale or provision of content from the Product to you or third parties by any means shall result in immediate termination of the EULA, without prejudice to the Company’s right to take legal action against the infringing user.
• Termination for non-compliance with “gameplay” (player experience developed by the Company in the game): You acknowledge that you have been informed that any attempt to circumvent the Product gameplay in order to distort the normal rules of progression provided by the game may result in the immediate termination of the EULA. Any information communicated by you to third parties concerning the possible implementation of means likely to circumvent the gameplay may result in legal action being taken against you.
In the event of termination for any reason, you must immediately uninstall the Product and destroy all copies of the Product in your possession.
All provisions of this EULA relating to warranties, limitations of liability, remedies and damages shall survive termination, to the extent provided by mandatory provisions of applicable law.
14. Modification of this EULA or the Product
The Company reserves the right, at its sole discretion, to revise, update, change, modify, add, supplement or remove any terms of this EULA for security, legal, best practice or regulatory reasons, and shall post such changes on the Company’s website from time to time and/or communicate them to you by any means. If any future modification of this EULA is unacceptable to you or causes you to no longer agree or comply with this EULA, you may terminate this EULA in accordance with Section 11 and must immediately uninstall the Product and destroy all copies of the Product. To the extent permitted by applicable law, changes to this EULA subsequent to your purchase of the Product shall be binding on you, and your continued use of the Product following any revision to this EULA shall constitute your full and irrevocable acceptance of all changes to this EULA.
The Company may modify the Product for any or no specific reason, at any time and at its own discretion, in particular for technical reasons such as updates, maintenance operations and/or resets intended to enhance and/or optimise the Product. You agree that the Product may install or download changes automatically. You agree that the Company may stop supporting the Product once an updated version is available. The Company’s distribution partners and associated service providers are under no obligation to provide maintenance or customer support for the Product.
15. Collection of Personal Data
The collection of personal data organised by the Company on the occasion of your acquisition and use of the Product shall be governed by the provisions of the Confidentiality and Personal Data Protection Charter, which can be consulted on https://playdigious.com/privacy-policy/.
You are hereby informed that the Company processes the following data via its PLAYFABTM tool:
- Authentication data (name, connection history, etc.);
- Unique identification numbers and signatures (IP, etc);
- Location data;
- Device identification (platform).
This data is processed exclusively for the purpose of improving the Product; its processing is legitimised by your consent, and it is not transferred outside the European Union unless the Company has taken appropriate security measures in accordance with applicable regulations. Your data shall only be kept for as long as is necessary for irreversible anonymisation (maximum 2 years).
Under applicable regulations, any natural person concerned who can prove their identity has the right to access, rectify, delete, oppose, limit or port personal data concerning them. You also have the right to lodge a complaint with a supervisory authority.
16. Miscellaneous
16.1 Order
Because the Company could suffer irreparable harm if the terms of this EULA are not duly performed, you agree that the Company shall have the right, without bond or other security or proof of harm, to take appropriate action, including, without limitation, the right to seek injunctive or other equitable relief, in addition to any other remedies available to us under applicable law.
16.2 Force majeure
The Company shall under no circumstances be liable in the event of force majeure, as defined by applicable law (in France by Article 1218 of the Civil Code and according to Cour de Cassation [Supreme Court of Appeal] case law), and making it impossible for the Company to fulfil its obligations under this EULA.
16.3 Export controls
You are not authorised to export, download or re-export the Product to any country (you are a national or resident of) subject to an embargo in force.
16.4 Severability
If any provision of this EULA is held by an authority or court of competent jurisdiction to be invalid, illegal or unenforceable, such provision or part thereof shall, to the extent necessary, be deemed to be severed and the validity and enforceability of the remaining provisions of this EULA shall not be affected thereby. In the event that any invalid, unenforceable or illegal provision of this EULA could be valid, enforceable and legal if part of such provision were deleted, then it shall apply with the minimum change necessary to make it legal, valid and enforceable while reflecting the Company’s original intentions.
16.5 No waiver
No delay by the Company (or its licensors) in asserting—or failure to assert—any right or remedy provided by this EULA or by law shall operate as a waiver of such right or remedy or any other right or remedy, nor shall such delay or failure prevent or restrict the exercise thereof in the future. No single or partial exercise of such right or remedy shall prevent or restrict the exercise of such right or remedy or any other right or remedy. No waiver of any right or remedy shall be deemed effective until a written statement to that effect has been signed by the Company.
17. Law and Jurisdiction
In the event of any claim or action relating to or arising from this EULA, whether in contract or tort, and after an attempt has been made to find an amicable solution, the following rules shall apply, notwithstanding plurality of defendants or the introduction of third parties, even for emergency proceedings or protective proceedings, in summary proceedings or by petition.
If you reside in France, this EULA shall be governed by French law and jurisdiction is expressly attributed to the Paris courts. In the event of a dispute with the Company, you may refer the matter to a consumer ombudsman before bringing the matter before the competent court.
If you reside in the United States, this EULA shall be governed by the laws of the State of California, without application of its conflict of laws rules, and jurisdiction is expressly granted to California courts.
If you reside in a country other than France or the United States, this EULA shall be governed by French law, and jurisdiction is expressly attributed to the Paris courts, unless the laws of your country of residence or the laws of the European Union provide otherwise, and notwithstanding the application of any mandatory and protective provisions of your country of residence to this EULA.
The European Commission provides EU consumers with an Online Dispute Resolution site on https://ec.europa.eu/consumers/odr.
18. Class Action Waiver
This Article 18 applies only to the extent permitted by applicable law.
You agree not to commence or participate in any legal action, class action, general action with private counsel or class arbitration relating to the Product or this EULA. You also agree not to seek to combine any action or arbitration in connection with the Product or this EULA with any other action or arbitration without the consent of all parties to this EULA and any other action or arbitration.
______________________
If you have any questions about this EULA, you can contact the Company at the following address: https://playdigious.helpshift.com/hc/fr/12-playdigious/faq/141-how-to-report-an-issue-and-contact-our-support-team/.
THIS EULA APPLIES ONLY TO THE EXTENT PERMITTED BY LAW AND INTERNATIONAL CONVENTIONS.