End User License Agreement
This End User License Agreement (‘EULA’) governs your use of the video game, application, software and any upgrades, patches and updates thereto and related services (the ‘Product’) now or hereafter provided by GAMABILIS.
This EULA sets out the terms under which GAMABILIS provides the Product to you (‘user’ or ‘you’) and under which you may use the Product. The GAMABILIS Personal Data Protection Charter (‘Personal Data Protection Charter’) 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.
GAMABILIS reserves the right to change, amend, add or remove sections of this EULA at any time in accordance with the procedures described below in Section 7.
1. GRANT OF LICENCE
1.1 GAMABILIS (or its licensors) grants you a personal, non-commercial, non-transferable, non-exclusive, non-sublicensable licence to install and/or use the Product (in whole or in part) and any Product (the ‘Licence’) until you or GAMABILIS terminate this EULA. You must not use or allow any third party to use the Product or this Licence for commercial purposes without first obtaining permission from GAMABILIS. Updates, upgrades, patches and modifications may be required for you to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD TO YOU.
1. 2 You shall refrain from, directly or indirectly (i) selling, leasing, renting, licensing, distributing, marketing or commercially exploiting the Product or any part thereof, (ii) reverse engineering, decompiling, disassembling, adapting, reproducing it in full or partially or creating derivative works from it (except where the Product allows you, by way of a specific feature, to create, generate or submit user-generated content and for which you must create an account and comply with the terms of use) (iii) create, use and/or distribute ‘auto’, ‘trainer’, ‘script’ or ‘macro’ computer programs or other ‘cheating’ or ‘hacking’ software programs or applications for this Product (whether in connection with online multiplayer play or single-player play over the Internet or local area network); (iv) remove, alter, disable or circumvent any copyright and trademark notices or other author and origin information, notices or labels in or on this Product; and (v) export or re-export this Product or any adapted copies in violation of any applicable laws or regulations.
1.3 1.3 When you use the Product, you undertake to comply with all applicable laws, rules and regulations. In all cases, you may only use the Product in accordance with its intended use.
For example, and without restricting the rights of GAMABILIS to take action against you, you may not:
a. create, use, share and/or publish by any means whatsoever in connection with the Product any document (text, words, images, sounds, videos, etc.) which is contrary to a duty of confidentiality, which infringes an intellectual property right or an individual’s right to privacy or which incites others to commit an illegal act (particularly piracy, cracking or dissemination of counterfeit software);
b. modify, disrupt or obstruct the Product, impose an abnormal load on it, interrupt, slow down and/or hinder the normal operation of all or part of the Product, its accessibility to other users or the functioning of the Product’s partner networks, or attempt to do so;
c. transmit or spread a virus, Trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in connection with the Product, and/or organise, participate in or be involved in an attack on GAMABILIS’ servers, the Product and/or those of its service providers and partners;
d. create, provide or use other ways of using the Product, for example;
e. spam the chat, whether for commercial or personal purposes, by interrupting the flow of conversation with repeated posts of a similar nature;
f. transfer or communicate documents or content which, in the opinion of GAMABILIS, are considered or deemed to be offensive, and particularly words which are harmful, illegal, abusive, discriminatory, defamatory, derogatory, obscene, sexually explicit or racially, ethnically or otherwise objectionable;
g. harass or threaten other users of the Product;
h. misuse the helpdesk or complaints buttons or send erroneous reports to GAMABILIS staff members;
i. falsely claim to be an employee or representative of GAMABILIS or its partners and/or agents;
2. PROPERTY
All title, ownership rights and intellectual property rights in and to the Product (including all text, graphics, music or sound, all messages or information, fictional characters, names, themes, objects, landscapes, costumes, effects, dialogue, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and all other elements which form part of the Product, alone or in combination with each other) and all copies made thereof are the property of GAMABILIS or its licensors. The Product is protected by national and international laws, copyright treaties, conventions and other laws in force. This Product may contain licensed material and, if so, GAMABILIS’ licensors may protect their rights should this Agreement be breached. Any reproduction or representation of these licensed elements in any manner and for any reason whatsoever is prohibited without the prior authorisation of GAMABILIS and, where applicable, of the licensors and representatives of GAMABILIS. Unless expressly provided otherwise in this EULA, all rights not granted to you under this agreement are expressly reserved by GAMABILIS.
This Licence does not confer any rights or ownership in the Product and should not be construed as a transfer of any rights in the Product.
3.PRODUCT ACCESS
If you are using the Product on a compatible Mobile Device, this Section applies to you and your use of the Product:
For the purposes of this EULA, ‘Compatible Mobile Device’ means any portable device capable of connecting to the Internet to access the Product. “Compatible Mobile Devices” include feature phones, smartphones, tablets and personal digital assistants (PDAs).
a. Product access. To use the Product on a Compatible Mobile Device, you must have access to an electronic communications network. You are solely responsible for any connection charges (and in particular any charges invoiced by mobile phone providers and/or operators). You acknowledge that the Product quality, response time or access to certain functionalities may depend on the capabilities of your Compatible Mobile Device and the electronic communication network. Under no circumstances shall GAMABILIS be held liable for any reduction in the user-friendliness. You acknowledge that the Product may not be available on all mobile devices or from all operators or network service providers.
b. Collection of personal data: In order to provide you with a better gaming experience, tailored services and Product support, GAMABILIS may collect and store data about you regarding your use of the Product, your connection information and/or your Compatible Mobile Device. Some data is recorded, archived, analysed and used to create statistics on users. Your right to privacy is very important to GAMABILIS and GAMABILIS will not disclose your personal data to third parties unless you have expressly authorised us to do so or unless there are special circumstances. GAMABILIS may be obliged to communicate or share your personal data in order to fulfil a legal obligation, or in order to protect its rights and those of other users and third parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. In addition, GAMABILIS reserves the right to collect, store and use anonymous data about you. To find out more about how GAMABILIS uses your personal data, please consult our Personal Data Protection Charter.
4. NO WARRANTY, LIMITATION OF LIABILITY
You expressly acknowledge that you are using the Product at your own risk. To the extent permitted by applicable law, the Product is supplied “as is”. Gamabilis, its licensors, distribution partners and associated service providers make no conditions or warranties of any kind, express, implied or statutory, and disclaim all of them and the other terms, including with respect to: (i) its compliance, accuracy, timeliness, completeness, reliability, or safety; (ii) its fitness for a particular purpose; (iii) implied warranties of title and non-infringement; (iv) its merchantability; or (v) your satisfaction. Gamabilis 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 selecting the Product to achieve the results you expect, as well as for installing and using it and for the results you obtain from it. Within the limits authorised by the law in force, Gamabilis, its licensors, distribution partners and associated service providers shall under no circumstances be liable for any prejudice or damage suffered as a result of using the Product or an associated third-party service. This includes, without limitation, (i) all damages of any kind, whether arising from tort (negligence and breach of statutory duty), contract, misrepresentation (whether accidental or negligent), (ii) direct damages, (iii) accidental damages, (iv) consequential damages, (v) indirect damages.
Notwithstanding the above limitations of liability, your sole and exclusive remedy for any dispute with Gamabilis or its licensors, distribution partners and associated service providers is to cease using the Product, and if applicable, to seek damages for your losses. For any Product purchased for use on a Compatible Mobile Device that does not comply with the applicable legal guarantees, Gamabilis’ liability is limited to reimbursing (directly or indirectly through its distribution partners or associated service providers) the Product’s purchase price. Gamabilis, its licensors, distribution partners and associated service providers shall in no event be liable for damages in excess of the price you paid for the Product.
5. COMPENSATION
You assume full responsibility for damages caused to GAMABILIS, its licensors, distribution partners, associated service providers and subcontractors, other users of the product and any other natural person or legal entity by your breach of this EULA.
You hereby undertake to indemnify GAMABILIS and its licensors, distribution partners and associated service providers as well as its subcontractors against all claims, demands, losses and alleged damages and against all costs, directly or indirectly attributable to your fault and/or resulting from (i) the non-fulfilment of any of this EULA’s terms or (ii) your use, abusive or otherwise, of the Product. The terms of this Section shall remain in force after termination of this EULA.
6. TERMINATION
The EULA takes effect on the date you purchase the Product, download the Product or begin using the Product, whichever comes first, and will remain in effect until terminated in accordance with its terms. You and GAMABILIS (or its licensors) may terminate this EULA at any time and for any reason. Termination of this EULA by GAMABILIS will take effect (a) as soon as you are notified or (b) on the date of GAMABILIS’ decision to cease providing the Product and/or support for it. This EULA will terminate automatically if you fail to comply with any of its terms and conditions. On termination, for whatever reason, you must immediately uninstall the Product and destroy all copies of it in your possession.
7. CHANGES TO THIS EULA OR THE PRODUCT
GAMABILIS reserves the right, at its discretion, to revise, update, change, amend, add to, supplement or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. You will not necessarily receive prior notice of these changes taking effect. You can access the most recent version of this EULA by clicking on the ‘EULA’ link on the Product. It is your responsibility to check this EULA regularly for any changes. If any future modification of this EULA is unacceptable to you or causes you to no longer agree with or comply with this EULA, you may terminate this EULA and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes your full and irrevocable acceptance of all changes to the EULA.
GAMABILIS may modify the Product for any or no specific reason, at any time and at its own discretion, especially for technical reasons such as updates, maintenance operations and/or resets intended to improve and/or optimise the Product. You agree that the Product may install or download changes automatically. You agree that GAMABILIS may stop providing support for the Product as soon as an updated version is available. GAMABILIS’ distribution partners and associated service providers are under no obligation to provide maintenance or customer support for the Product.
8. MISCELLANEOUS
8.1 Severability of terms. If any term of this EULA is held by any authority or court of competent jurisdiction to be invalid, illegal or unenforceable, such term or the affected part of such term shall, to the extent necessary, be deemed to be deleted, and the validity and enforceability of the remaining terms of this EULA shall not be affected as a result. If any invalid, unenforceable or illegal term of this EULA would be valid, enforceable and legal if a portion of such term were deleted, it shall apply with the minimum modification necessary to make it legal, valid and enforceable while reflecting the original intentions of GAMABILIS.
8.2 Absence of waiver. No delay by GAMABILIS (or its licensors) in asserting or failing to assert any right or remedy under this EULA or by law shall operate as a waiver of that or any other right or remedy, nor shall it prevent or restrict the exercise of any such right or remedy in the future. The single or partial exercise of such a right or remedy shall not prevent or restrict the exercise of the right or remedy in question or of any other right or remedy. The waiver of a right or remedy shall only be deemed effective upon signature of a written declaration to that effect by GAMABILIS or by the user.
8.3 Law and jurisdiction. This EULA is governed by the laws of France, without application of its conflict of laws rules; and you expressly consent to the exclusive jurisdiction of the French Courts for any claim or dispute with GAMABILIS, or that in any way relates to this EULA or your use of the Product, and you further agree and expressly consent to the exercise of territorial jurisdiction in the French Courts in connection with any such dispute, including any claim involving GAMABILIS and/or its subcontractors, vendors and content providers.