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HITMAN 2 – END USER LICENSE AGREEMENT
This end user license agreement (the “Agreement” or “EULA”) is between you and IO Interactive (“IOI”) and governs your use of HITMAN 2 (the “Game”). By installing or using the Game, you agree to be bound by the terms of this Agreement.
1. Who can use our products
1.1 Minimum requirements. You may use the Game only if you can legally form a binding contract with us in compliance with the Agreement, any conditions governing your use of a third-party product, and all applicable laws. When you use the Game, you must provide us with accurate and complete information. Using our products may include downloading software to your computer, phone, tablet, or other device. An internet connection and registration process may be required to use certain features of our products. You agree that we may automatically update that software, and the Agreement will apply to any updates.
1.2 Children. Any use or access by anyone under the age of 13 is not allowed. If you are based in the EEA, you may only use our products if you are over the age at which you can provide consent to data processing under the laws of your country.
2. The License
2.1 Limited license. The Game is licensed, not sold. Subject to you agreeing to and continuing to be compliant with the Agreement, IOI hereby grants you a limited, revocable, non-exclusive license to (i) download and install the Game onto a personal computer owned by you, and (ii) use the Game in and its online game platform (the “Service”) for your non-commercial entertainment purposes only.
2.2 Limitations. The foregoing license does not permit you to do anything of the following, and you agree that the violation of any of the following limitations will constitute an infringement of IOI’s copyrights:
(i) You may not sell, license or transfer the Game or any reproductions thereof to any person or entity;
(ii) You may not develop, distribute or host any server or software designed to interact with the Game or to redirect or emulate the communications protocols used by IOI;
(iii) You may not modify the Game or any portion thereof;
(iv) You may not copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game or any portion thereof;
(v) You may not develop, distribute or use any third-party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed alter the Game or in any way to provide a player with an advantage;
(vi) You may not exploit the Game, or any portion thereof, for any commercial purpose;
(vii) You may not connect to the Service except by using an authorized, unmodified Game as set forth herein; and
(viii) You may not use the Game to connect to any server or service other than the Service.
2.3 Ownership. The license confers no title or ownership in the Game and should not be construed as a sale of any rights to the Game. All right, title and interest in and to the Game and any and all copies thereof, including without limitation any and all titles, computer code, technology, themes, assets, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc., are owned by IOI or its licensors.
3. Term.
3.1 Term and survival. The Agreement is effective until terminated, and those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership.
3.2 Your termination. You may terminate the Agreement at any time by permanently destroying all copies of the Game and related documentation in your possession, including without limitation any and all Games installed on computers under your custody or control.
3.3 Our termination. IOI may terminate the Agreement at any time for any reason or no reason by providing notice to you, including without limitation email notice to the last email address provided by you. Upon termination of the Agreement, you must destroy all copies of the Game and related documentation in your possession, including without limitation any and all Games installed on computers under your custody or control
4. Ownership
4.1 Game ownership. You agree that, between you and IOI, IOI owns and shall continue to own all rights, title and interest in and to the Game, all copies thereof, and all content therein. The Game is protected by the copyright laws of the Denmark, international treaties and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of the Agreement with the right to enforce their rights against you if you violate the Agreement.
4.2 Creating content for the Game. IOI allows you to create content for the Game within the parameters determined by IOI. By creating content for the Game, you assign full ownership and title to the created content to us. You agree that IOI has the right to remove or modify your content or change the way it is used in the Game.
3.2 Retention of your content. IOI may keep the content you create for the Game even if you deactivate or delete any of your accounts, and IOI’s users may continue to use this content.
5. Monitoring
5.1 Consent. When the Game is running, IOI may monitor your computer for the use of programs that violate section 2. You hereby grant IOI permission to monitor your computer for purposes of identifying such use and communicating potential violations to IOI.
5.2 Use of information. When you use the Game, IOI may collect information from you in accordance with its Privacy Policy. Please review the updated version on IOI’s website.
6. Disclaimer
THE GAME IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGMMENT AND AVAILABILITY.
Nothing in this section 6 shall affect your statutory rights as a consumer which under the applicable law are not capable of exclusion or limitation.
7. Limitation of liability
IN NO EVENT SHALL IOI, ITS PARENT, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE GAME OR ANY USE THEREOF, INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA OR GOODWILL, DISRUPTION OF SERVICE OR CLAIMS OF THIRD PARTIES. IN NO EVENT SHALL WB GAMES, ITS PARENT, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE GAME. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In no event shall IOI's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to IOI during the six (6) months immediately prior to the time such claim arose
8. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS IOI, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE GAME.
9. Changes to the Agreement and the Game
9.1 Agreement changes. IOI may update the Agreement at its sole discretion, and you will be asked to review and agree to the revised version of the Agreement once it becomes effective. If you do not agree to a revised Agreement, you will not be permitted to continue playing the Game. If at any time you are no longer able to comply with the Agreement, you must terminate the Agreement pursuant to section 3 and immediately stop using the Game.
9.2 Game changes. IOI may change, modify, suspend, or discontinue any aspect of the Game at any time. IOI may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Game. Furthermore, IOI may apply patches, updates and modifications (collectively, “Updates”) to the Game at any time, including Updates to the Game installed on your computer. Updates are not optional. You agree that IOI may deploy and install updates remotely, with or without your knowledge, and you hereby provide your consent for IOI to download and apply such Updates.
10. Remedies
You acknowledge that IOI may suffer irreparable damage if you breach any of the provisions governing license limitations or ownership. You therefore agree that if you do breach either of these provisions, in addition to provable damages and reasonable attorneys’ fees, IOI shall be entitled to enjoin such breach and to obtain specific performance of such provisions in any court of competent jurisdiction.
11. Seizure Warning
A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a computer screen, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the Game, immediately discontinue use and consult your physician.
12. Dispute Resolution and Governing Law
10.1 Dispute resolution. For any dispute you have with IOI, you agree to contact us and try to resolve the dispute. If the dispute cannot be settled informally, you agree to resolve any dispute related to the Game and to yours or others use of the Game through binding arbitration. Any arbitration will be administered by the Danish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by the Danish Institute of Arbitration and in force at the time of such dispute. The place of arbitration shall be Copenhagen. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENSTATIVE PROCEEDINGS.
10.2 Statutory rights. Nothing in this section 10 shall affect any non-waivable statutory rights that apply to you.
11. Miscellaneous
11.2 Entire agreement. The Agreement, incorporating all the applicable documents referenced herein, shall constitute the entire agreement between you and us regarding the Game and supersedes all prior agreements between you and IOI pertaining to the Game. If any provision of these terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary and the remaining terms will remain in full force.
HITMAN™ 2 © 2018 IO Interactive A/S. IO Interactive, IOI logos, HITMAN, HITMAN logos, and WORLD OF ASSASSINATION are trademarks or registered trademarks owned by or exclusively licensed to IO Interactive A/S. All other trademarks are the property of their respective owners. All rights reserved.
This end user license agreement (the “Agreement” or “EULA”) is between you and IO Interactive (“IOI”) and governs your use of HITMAN 2 (the “Game”). By installing or using the Game, you agree to be bound by the terms of this Agreement.
1. Who can use our products
1.1 Minimum requirements. You may use the Game only if you can legally form a binding contract with us in compliance with the Agreement, any conditions governing your use of a third-party product, and all applicable laws. When you use the Game, you must provide us with accurate and complete information. Using our products may include downloading software to your computer, phone, tablet, or other device. An internet connection and registration process may be required to use certain features of our products. You agree that we may automatically update that software, and the Agreement will apply to any updates.
1.2 Children. Any use or access by anyone under the age of 13 is not allowed. If you are based in the EEA, you may only use our products if you are over the age at which you can provide consent to data processing under the laws of your country.
2. The License
2.1 Limited license. The Game is licensed, not sold. Subject to you agreeing to and continuing to be compliant with the Agreement, IOI hereby grants you a limited, revocable, non-exclusive license to (i) download and install the Game onto a personal computer owned by you, and (ii) use the Game in and its online game platform (the “Service”) for your non-commercial entertainment purposes only.
2.2 Limitations. The foregoing license does not permit you to do anything of the following, and you agree that the violation of any of the following limitations will constitute an infringement of IOI’s copyrights:
(i) You may not sell, license or transfer the Game or any reproductions thereof to any person or entity;
(ii) You may not develop, distribute or host any server or software designed to interact with the Game or to redirect or emulate the communications protocols used by IOI;
(iii) You may not modify the Game or any portion thereof;
(iv) You may not copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game or any portion thereof;
(v) You may not develop, distribute or use any third-party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed alter the Game or in any way to provide a player with an advantage;
(vi) You may not exploit the Game, or any portion thereof, for any commercial purpose;
(vii) You may not connect to the Service except by using an authorized, unmodified Game as set forth herein; and
(viii) You may not use the Game to connect to any server or service other than the Service.
2.3 Ownership. The license confers no title or ownership in the Game and should not be construed as a sale of any rights to the Game. All right, title and interest in and to the Game and any and all copies thereof, including without limitation any and all titles, computer code, technology, themes, assets, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc., are owned by IOI or its licensors.
3. Term.
3.1 Term and survival. The Agreement is effective until terminated, and those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership.
3.2 Your termination. You may terminate the Agreement at any time by permanently destroying all copies of the Game and related documentation in your possession, including without limitation any and all Games installed on computers under your custody or control.
3.3 Our termination. IOI may terminate the Agreement at any time for any reason or no reason by providing notice to you, including without limitation email notice to the last email address provided by you. Upon termination of the Agreement, you must destroy all copies of the Game and related documentation in your possession, including without limitation any and all Games installed on computers under your custody or control
4. Ownership
4.1 Game ownership. You agree that, between you and IOI, IOI owns and shall continue to own all rights, title and interest in and to the Game, all copies thereof, and all content therein. The Game is protected by the copyright laws of the Denmark, international treaties and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of the Agreement with the right to enforce their rights against you if you violate the Agreement.
4.2 Creating content for the Game. IOI allows you to create content for the Game within the parameters determined by IOI. By creating content for the Game, you assign full ownership and title to the created content to us. You agree that IOI has the right to remove or modify your content or change the way it is used in the Game.
3.2 Retention of your content. IOI may keep the content you create for the Game even if you deactivate or delete any of your accounts, and IOI’s users may continue to use this content.
5. Monitoring
5.1 Consent. When the Game is running, IOI may monitor your computer for the use of programs that violate section 2. You hereby grant IOI permission to monitor your computer for purposes of identifying such use and communicating potential violations to IOI.
5.2 Use of information. When you use the Game, IOI may collect information from you in accordance with its Privacy Policy. Please review the updated version on IOI’s website.
6. Disclaimer
THE GAME IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGMMENT AND AVAILABILITY.
Nothing in this section 6 shall affect your statutory rights as a consumer which under the applicable law are not capable of exclusion or limitation.
7. Limitation of liability
IN NO EVENT SHALL IOI, ITS PARENT, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE GAME OR ANY USE THEREOF, INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA OR GOODWILL, DISRUPTION OF SERVICE OR CLAIMS OF THIRD PARTIES. IN NO EVENT SHALL WB GAMES, ITS PARENT, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE GAME. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In no event shall IOI's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to IOI during the six (6) months immediately prior to the time such claim arose
8. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS IOI, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE GAME.
9. Changes to the Agreement and the Game
9.1 Agreement changes. IOI may update the Agreement at its sole discretion, and you will be asked to review and agree to the revised version of the Agreement once it becomes effective. If you do not agree to a revised Agreement, you will not be permitted to continue playing the Game. If at any time you are no longer able to comply with the Agreement, you must terminate the Agreement pursuant to section 3 and immediately stop using the Game.
9.2 Game changes. IOI may change, modify, suspend, or discontinue any aspect of the Game at any time. IOI may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Game. Furthermore, IOI may apply patches, updates and modifications (collectively, “Updates”) to the Game at any time, including Updates to the Game installed on your computer. Updates are not optional. You agree that IOI may deploy and install updates remotely, with or without your knowledge, and you hereby provide your consent for IOI to download and apply such Updates.
10. Remedies
You acknowledge that IOI may suffer irreparable damage if you breach any of the provisions governing license limitations or ownership. You therefore agree that if you do breach either of these provisions, in addition to provable damages and reasonable attorneys’ fees, IOI shall be entitled to enjoin such breach and to obtain specific performance of such provisions in any court of competent jurisdiction.
11. Seizure Warning
A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a computer screen, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the Game, immediately discontinue use and consult your physician.
12. Dispute Resolution and Governing Law
10.1 Dispute resolution. For any dispute you have with IOI, you agree to contact us and try to resolve the dispute. If the dispute cannot be settled informally, you agree to resolve any dispute related to the Game and to yours or others use of the Game through binding arbitration. Any arbitration will be administered by the Danish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by the Danish Institute of Arbitration and in force at the time of such dispute. The place of arbitration shall be Copenhagen. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENSTATIVE PROCEEDINGS.
10.2 Statutory rights. Nothing in this section 10 shall affect any non-waivable statutory rights that apply to you.
11. Miscellaneous
11.2 Entire agreement. The Agreement, incorporating all the applicable documents referenced herein, shall constitute the entire agreement between you and us regarding the Game and supersedes all prior agreements between you and IOI pertaining to the Game. If any provision of these terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary and the remaining terms will remain in full force.
HITMAN™ 2 © 2018 IO Interactive A/S. IO Interactive, IOI logos, HITMAN, HITMAN logos, and WORLD OF ASSASSINATION are trademarks or registered trademarks owned by or exclusively licensed to IO Interactive A/S. All other trademarks are the property of their respective owners. All rights reserved.