End user licence agreement
PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the videogame, application, software, their associated upgrades, patches, and updates and related services (the “Product”) currently provided or which will be provided by BLUE SKY RETAIL SOLUTIONS LLC, or anyone of its subsidiaries or affiliated companies (collectively referred to as “BLUE SKY”).
BLUE SKY reserves the right to change, modify, add, or delete articles in this EULA at any time, in accordance with the procedures described below in Section 9.
1. GRANT OF LICENSE.
1.1 BLUE SKY (or its licensors) grants User a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either User or BLUE SKY terminates this EULA. User must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a license to do so from BLUE SKY. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.
As applicable, certain parts of the Product may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. User must comply with such additional terms: for instance, if the Product is featuring a VoIP application, then User must comply with the associated wireless data service agreement when using the Product). Please review such additional terms and costs carefully.
1.3 While using the Product, User agree to comply will all applicable laws, rules and regulations. User also agree to comply with certain rules of conduct that govern User’s use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by BLUE SKY. In all cases, User may only use the Product according to anticipated use of the Product.
For example purposes, and without limiting BLUE SKY’s rights to take action against User, User may not:
a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;
c. transmit or propagate any virus, Trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organize, participate in or be involved in any way in an attack on BLUE SKY’s servers and/or the Product and/or those of its service providers and partners;
d. create, supply or use alternative methods of using the Products, for example, server emulators;
e. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
f. transmitting or communicating any material or content which, in the sole and exclusive discretion of BLUE SKY, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
g. harassing or threatening any other users in the Product;
h. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of BLUE SKY’s personnel;
i. falsely claim to be an employee or representative of BLUE SKY or its partners and/or agents;
j. falsely claim an endorsement in connection with the Product or with BLUE SKY.
All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by BLUE SKY or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, BLUE SKY’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without BLUE SKY’s prior permission and, if applicable, BLUE SKY’s licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to User are expressly reserved by BLUE SKY.
This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
3. ACCESS TO THE PRODUCT.
3.1 THE PRODUCT MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). IN SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE PRODUCT WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR COMPUTER; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR COMPUTER ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE PRODUCT THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL BLUE SKY BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON YOUR COMPUTER BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE PRODUCT. AN INTERNET CONNECTION, A BLUE SKY ACCOUNT AND INSTALLATION OF THE DRM CLIENT SOFTWARE AND REGISTRATION MAY BE REQUIRED TO ACCESS ONLINE SERVICES AND FEATURES OF THIS PRODUCT. RESTRICTIONS OF AGE MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL LAWS.
3.2 If User are using the Product on a Compatible Mobile Terminal, this Section 3.2 is applicable to User and to User’s use of the Product:
For this EULA, “Compatible Mobile Terminal” designates any portable device capable of connecting to Internet to access the Products. The term Compatible Mobile Terminals covers in particular feature phones, smartphones, tablet computers, and personal digital assistants (PDAs).
a. Product Access. To use the Product on a Compatible Mobile Terminal, User must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by User. User acknowledges that the quality of the Products, the response time or access to certain features may depend on the capacities of User’s Compatible Mobile Terminal and of the electronic communication network. BLUE SKY may in no case be held responsible for reduced user comfort. User acknowledges that the Product may not be available for use on all mobile devices or through all carriers or network service providers.
4. CONSENT TO MONITOR.
When User are using the Product, the Product may monitor User’s hardware random access memory (RAM) for unauthorized third party programs prohibited by Section 1 that interact with the Product. In the event that the Product detects such an unauthorized third party program, information may be communicated back to BLUE SKY, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of User’s hardware, with or without additional notice to User. If the Product detects the use of an unauthorized third party program, this License and User’s access to the Product may be terminated with or without additional notice to User.
However, please note that BLUE SKY is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by User in the Product. Such communications are the sole responsibility of the user in question.
5. LIMITED WARRANTY FOR PRODUCT PURCHASED AS A PHYSICAL MEDIUM.
If User purchased Product as a physical medium (CD, cartridge or DVD-ROM), this Section 6 is applicable to User:
BLUE SKY warrants that the physical medium containing the Product shall be free from defects in material and workmanship for a period of ninety (90) days from the date of your purchase of such medium. In the event that the medium containing the Product proves to be defective during that time period, BLUE SKY will, at BLUE SKY’s option, free of charge, (a) correct any defect, (b) replace the Product, (c) substitute a similar Product of equal or greater value (in the event the Product is no longer being manufactured by BLUE SKY or available in BLUE SKY’s inventory), or (d) refund User’s money when User present BLUE SKY with written proof of purchase of the defective medium. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. When returning the Product for warranty replacement please send the original Product disc, cartridge or DVD, as applicable, only in protective packaging and include: (1) a photocopy of User’s dated sales receipt; (2) User’s name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) User are encountering and the hardware and system on which User is running the Program.
6. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLUE SKY BLUE SKY’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. BLUE SKY 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 ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL BLUE SKY, BLUE SKY’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH BLUE SKY OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, BLUE SKY’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT BLUE SKY, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO BLUE SKY FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION 6 SHALL AFFECT BLUE SKY’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM BLUE SKY’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR PURPOSES OF THIS SECTION 6, BLUE SKY’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
User are solely responsible for any damage caused to BLUE SKY, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of User’s violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED BLUE SKY AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. BLUE SKY reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which User agreed to indemnify BLUE SKY. The provisions of this Section 7 shall remain in force after termination of this EULA.
The EULA is effective from the earlier of the date User purchase, download or use the Product, until terminated according to its terms. User and BLUE SKY (or its licensors) may terminate this EULA, at any time, for any reason. Termination by BLUE SKY will be effective upon (a) notice to User or (b) termination of User’s BLUE SKY Account (if any) or (c) at the time of BLUE SKY’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if User fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, User must immediately uninstall the Product and destroy all copies of the Product in User’s possession.
9. CHANGES TO THIS EULA OR TO THE PRODUCT.
BLUE SKY reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to User. User can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on ubi.com. User are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to User or cause User to no longer be in agreement or compliance with this EULA, User may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product. User’s continued use of the Product following any revision to this EULA constitutes User’s complete and irrevocable acceptance of any and all such changes.
BLUE SKY may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. User agree that the Product may install or download the modifications automatically. User agree that BLUE SKY may stop to support previous versions of the Product upon availability of an updated version. BLUE SKY’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. BLUE SKY also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product.
10.1 Export Controls. The Product is subject to all applicable export restrictions. User must comply with all export and import laws and restrictions and regulations of any United States and foreign agency or authority relating to the Product and User’s use of the Product. The Product may not be re-exported, downloaded or otherwise exported to, or installed by a national or resident of, any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. User represent and warrant that User are not located in, under the control of, or a national or resident of any such country or on any such list.
10.2 Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect BLUE SKY’s initial intentions.
10.3 No Waiver. No failure or delay by BLUE SKY (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by BLUE SKY or by the User.
10.4 Law, Jurisdiction and Dispute Resolution.
10.4.1 To the extent permitted by applicable law, this EULA, and any disputes or claims arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the United States and the State of Delaware, without giving effect to any principles of conflicts of laws. This EULA shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this EULA.
For any questions concerning this EULA, User may contact BLUE SKY at the following address: email@example.com.
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.