Warhammer online - End-User Access and License Agreement

End-User Access and License Agreement

End-User Access and License Agreement This end user access and license Agreement (hereafter "EUALA" or "Agreement") concluded between you, a natural person of legal age, and GOA (hereafter "We"/"Us"/"the Publisher") specifies the terms and conditions whereby the Publisher provides access to the game Warhammer® Online: Age of Reckoning™ (hereafter the “Game”) and its official expansions. ATTENTION: THE EXPANSIONS WILL WORK ONLY IF YOU ALREADY OWN THE GAME ENTITLED WARHAMMER, AND THE PREVIOUS OFFICIAL EXPANSIONS. You can acquire the Game and its expansions by: - purchasing the Game and its expansions boxes in retail shops; - purchasing online licences; - benefiting from a sponsorship offer available via our official Website and through an already existing subscriber; - hosting offers available in specialised magazines. BY CLICKING ON THE "I ACCEPT" BUTTON, YOU ACCEPT ALL TERMS AND CONDITIONS SET OUT IN THIS EUALA. BY CLICKING ON THE "I DECLINE" BUTTON, YOU REJECT OUR OFFER, IN WHICH CASE YOU MUST CONTACT YOUR RETAILER TO OBTAIN FURTHER INFORMATION REGARDING THE RETURN POLICY APPLICABLE TO THE GAME BOXES AND ITS EXPANSIONS BOXES. IN THE CASE OF A PURCHASE VIA THE ONLINE LICENCE OFFER, YOU WILL NOT BE ABLE TO RETURN THE GAME. WE WILL BE ABLE TO PAY YOU BACK ONLY IF THE PRODUCT HAS NOT BEEN USED (NO CHARACTER CREATED). IN THE EVENT THAT YOU REFUSE TO ACCEPT THE TERMS OF THE EUALA, YOU MAY NEITHER INSTALL NOR PLAY THE GAME AND ITS EXPANSIONS. EACH TIME YOU ACCESS THE GAME AND ITS EXPANSIONS, YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS OF THIS EUALA. 1. Licence * This EUALA authorises you to install and use a copy of the specified version of the Game and its Expansions on a single computer. This EUALA also allows you to make one copy of the Game and its Expansions on any storage device, such as a network server, for the sole purpose of installing or running the Game and its Expansions on other computers in your possession that are connected by a local network. However, you must acquire a licence for each computer on which the Game and its Expansions is installed, run, accessed or displayed. The licence for a Game and its Expansions may not be shared or used concurrently on multiple computers. * To gain access to the Game and its Expansions, you must (a) be a legitimate owner of the appropriate linguistic version of the European release of the Game, have installed said game on your computer and have accepted the EUALA for the Game, (b) have acquired by legal means the DVD-ROM of its Expansions (the "DVD-ROM"), which contains the software required to run the Expansions (the "Software") combined with a unique, personal CD key, (c) be up to date with the monthly subscription payments to your Account or playing a trial version and (d) have an Internet connection (not supplied) to access the aforementioned Account. In addition to all the aforementioned costs, you are obliged to pay all applicable taxes (including those that We do not collect directly) and all costs for hardware, software, extension packs or similar products, regardless of whether these are required directly or indirectly to gain access to your Account. Neither this EUALA nor your Account gives you the right to obtain reissues of the Software at any time; furthermore, these two elements do not imply an obligation to supply Software updates. * By the terms of this EUALA, We grant you the non-exclusive right to use the Software for the sole purpose of playing the Game and its Expansions, via an authorised, fully paid Account. No reproduction (with the exception of a single copy solely for backup purposes), distribution, surrender either free of charge or for a fee, lease, loan, modification, creation of derivative works, adaptation, translation, broadcast, subletting or transfer of the Licence is permitted. The reproduction of all or part of the hard-copy documentation included with the DVD-ROM is prohibited. All decompilation, disassembly, attempts to reverse engineer or to extract code from all or part of the Software, or authorisation granted to a third party to perform or to attempt to perform such operations on the Software is strictly prohibited. 2. Restrictions and other rights * This EUALA does not grant any rights relating to any brands or services connected with the Game and its Expansions. * This EUALA may be modified at any time without prior notice. You will be notified of these modifications a) when you access your Account or b) via a specific notice on the Internet site. All modifications take effect immediately following their announcement. * We and our suppliers retain all intellectual property rights to the content associated with or supplied on the DVD-ROM, the Software and the Game and its Expansions and the online licence. The Software is commercial property. * You acknowledge expressly that all characters created and all objects acquired and developed during the game are an integral part of the Software and the Game and its Expansions’ pack and strictly remain the property of the Publisher. * You acknowledge that the Software and its content are protected by laws governing registered trademarks, intellectual property rights and all other property rights. * You acknowledge that the Software contains (i) graphics, sound effects, music, visual animations and text (hereafter referred to as "Content") to which you have no property rights and no intellectual property rights, and (ii) other content, including contributions by other Members. These independent content suppliers, who include other Members, are hereafter referred to as suppliers of "User Content" in this EUALA. You and other licensed users are the only judges of the exact nature and of the potential usefulness or irrelevance of any User Content and of any consequences that may be associated with it. We are not in a position to check User Content in advance and We are not responsible for User Content under civil or criminal law. Nevertheless, We reserve the right to remove any User Content at any time if such Content violates the terms of this EUALA or if We deem it to be potentially dangerous or contrary to or incompatible with the spirit of the game or if it is manifestly revealed to be contrary to public order, good moral standards or the laws currently in force. 3. Reproduction rights This Game and its Expansions are supplied to you under Licence by the Publisher and is protected by international laws governing intellectual property. Consequently, you must treat the Game and its Expansions in the same way as any other type of product protected by such laws (such as films or books), with the reservation that you may (a) make one and only one copy for backup or archiving purposes or (b) transfer the Game and its Expansions to a single hard disk and retain the original for the sole purpose of backup or archiving. Any reproduction of all or part of the hard-copy documentation included with the Game and its Expansions is strictly prohibited without the written consent of the Publisher. 4. Information regarding the Account * The Publisher wishes to bring it to your attention that Accounts are accessible only to persons of legal age and, solely under the supervision of such persons, to any of their children under the age of 18. If you are a minor, your parents, guardians or legal carers must complete the registration procedure, whereby they must take all responsibility concerning the obligations set forth in this EUALA. * BY CLICKING THE "I ACCEPT" BUTTON AND PROVIDING US WITH A CREDIT CARD NUMBER, YOU DECLARE YOURSELF TO BE OF LEGAL AGE AND IN AGREEMENT WITH THE TERMS OF THIS EUALA EITHER ON YOUR OWN BEHALF OR ON BEHALF OF YOUR CHILDREN UNDER THE AGE OF 18. You may not transfer or share your Account with anyone, unless, as a parent or legal guardian, you allow your child to use it. You are responsible for the use of your Account, and parents or legal guardians are responsible for their children's actions. No artificial person or commercial company may establish an Account, unless this is by express Agreement with the Publisher of the Game and its Expansions Pack. * When your Account is set up, you are allocated a password. You are responsible for maintaining the confidentiality of said password and for all impairment, damages and losses (in particular, deleted characters) that may result from the disclosure of your password or from the use of your password by another person to access your Account. * We will never ask you for your password by e-mail or by telephone, and you should not disclose it in either of these ways, even if you are expressly requested to do so. There may be an additional charge to reissue lost passwords. Although We give you the option of "saving" or "remembering" your password on your hard disk, We would draw your attention to the fact that third parties may access your computer and consequently your Account. * To obtain an Account, you will be required to choose one or more character names. While you are encouraged to use a pseudonym, the selected pseudonym must not violate any existing trademark rights, publicity rights or any other proprietary rights. Acceptance of a pseudonym by the game server does not constitute acknowledgement by the Publisher that the chosen pseudonym does not violate any third party's trademarks, publicity rights or any other third-party right; consequently, you are responsible for any liability in the selection of a pseudonym. However, the Publisher reserves the right to reject any pseudonym at any time if said pseudonym is deemed to be indecent or obscene or to violate the standards of propriety. * The possession of an Account authorises you to transfer data ("User Content") to our servers in various forms, particularly in the chat rooms and all other sites where direct exchanges take place between players. You are expressly reminded that this User Content must not: (a) infringe any third-party intellectual property rights and any property rights or rights to privacy; (b) violate any laws or regulations currently in force; (c) be of a nature that is slanderous, discriminatory, obscene, paedophiliac, harmful to minors and generally contrary to public order and good moral standards; (d) contain any type of virus, Trojan horse, worm, time bomb, robot or any other computer routine intended to damage or interfere with the normal operation of the Game and its Expansions or to secretly intercept or expropriate any data, systems or personal information. We may take any action that We deem appropriate if We believe that User Content is disrupting or is likely to disrupt (entirely or partially) the operation of the Game and its Expansions or the communication services. For the exclusive purposes of the Game and its Expansions, you grant Us perpetual, irrevocable, worldwide authorisation, free of charge and with the option of sublicensing to any third party, to operate and use your User Content in any medium now known or developed hereafter. Nevertheless, you remain personally and entirely responsible for your User Content and release Us of all liability with regard to said Content. You also guarantee to Us and in particular undertake to compensate Us for all costs, claims, losses, demands and damages incurred by Us, relating to any claim connected with your User Content, regardless of its nature or purpose. 5. Fees * Details of our fees and information relating to our billing procedures can be found at http://www.war-europe.com, which you must read prior to opening an Account online. All fees are to be paid in advance and are non-refundable. * Once you have accepted our subscription General Conditions and established your Account, We will charge the relevant fee for your Account subscription to your credit card, plus any applicable taxes that We are required to collect. Thereafter, whenever your subscription payment is due, We will charge your subscription, plus any applicable taxes that We are required to collect, to your credit card. If We are unable to process this operation, your Account may be terminated automatically and instantaneously. 6. Piracy, damage, modifications or changes to the Game and its Expansions. It is strictly prohibited to use any third-party software or any other device with a view to modifying the Game and its Expansions in any way, changing the way of playing said Game and its Expansions or playing in an abnormal manner or in a way that could impair the correct operation of the Game and its Expansions. The authorisations granted to you in accordance with this Agreement may under no circumstances be used for the purpose of creating or supplying any opportunity for third parties to access the Game and its Expansions, particularly through server emulators. Furthermore, you may not undertake any action that would impose an unreasonable or disproportionate burden on our infrastructure. During its operation, the Game may monitor your computer’s random access memory (RAM) for unauthorized third party programs running concurrently with the Game. An “unauthorized third party program” as used herein shall be defined as any third party software, including without limitation any “addon”, “mod”, “hack”, “trainer”, or “cheat” that in the Publisher’s sole determination: (i) Enables or facilitates cheating of any type: (ii) Allows users to modify or hack the Game interface, environment, and/or experience in any way not expressly authorized by the Publisher: or (iii) Intercepts, “mines”, or otherwise collects information from or through the Game. In the event that the Game detects an unauthorized third party program, the Game may (a) Communicate information back to the Publisher, including without limitation your Account name, details about the unauthorized third party program detected, and the time and date the unauthorized third party program was detected; and/or (b) the Publisher may exercise any or all of its rights under this Agreement, with or without prior notice to the user. 7. Sale This EUALA grants you a simple right to use all the components comprising the Game and its Expansions, and in particular all components included in the Game and its Expansions pack(s). Consequently, you may not sell, auction or in any way make available or surrender, free of charge or for a fee, your Account or any character from the Game and its Expansions, any object, any item or any component of the Game and its Expansions specifically protected by intellectual property rights. All of the aforementioned actions, especially those performed via online auctions, forums or chat rooms, contravene the terms of this EUALA. Over and above constituting a violation of the terms of this Agreement, the sale of your Account and/or objects and/or items is detrimental to the Publisher's and the Game and its Expansions’ image, for which We would be entitled to seek compensation from you. 8. Respect for privacy You acknowledge that you have no guarantee of privacy with regard to your communications and information within the Game and its Expansions or in the chat rooms. The Publisher reserves the right to monitor all information that you send or receive. 9. Data protection We consider it necessary to offer to subscribers and visitors to the site (hereinafter "Users") full information regarding the manner in which We collect and use the information obtained on the Warhammer website accessible at the address http://www.war-europe.com (hereinafter the "Site"). That disclosure is intended to enable Users to provide information relating to themselves with full awareness and security. For such purpose, and in order to comply with its obligations in France under laws and regulations, the Site has been reported to the national "Computers and Civil Liberties" commission in order to comply with the provisions of French law No. 78-17 dated 6 January 1978. The Publisher undertakes, in all countries where legislation and regulations of this kind are applicable, to secure compliance with the provisions protecting privacy and personal data. The personal data are collected first in order to enable Us better to know Users and serve them, in particular as regards the provision of services associated with the Game and its Expansions. We retain and store in particular the data supplied when your Account is opened, with the exception of your bank details, which are held by another company to guarantee complete confidentiality. In this respect, We undertake that : (i) no information will be collected without the Users' knowledge; (ii) no personal information will be used otherwise than as stated. When such personal data are requested and collected on the Site, the Users are reminded of the manner in which they may have access to, correct or remove such information, and the person with whom that right of access, correction or removal may be exercised. The Publisher checks, before allowing anyone access to those personal data, the identity of the person requesting it. The information collected by the Publisher regarding the Users can be obtained in various ways, including in particular, but not only, through the Site. In addition, in some cases, the Site may transmit programs for the collection of personal information (cookies, capture of environmental variables, management of auditing files and opening of the directory of cached Internet temporary files), recorded on the User's computer, allowing him or her to be recognized when visiting the Site. Upon each creation and transmission of such cookies containing personal information, a choice to accept or refuse that transmission of cookies will be offered. In addition, Users will be informed that he or she may also refuse all cookies or choose case by case, by changing the parameters of the browser used. We do not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances: - We provide the information to trading partners (i) for purposes of operating the Game and its Expansions or (ii) for marketing purposes, in order to enable us to communicate with you about offers from the Publisher and our marketing partners. However, these companies do not have any independent right to share this information. - We respond to court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; - We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Player Code of Conduct, or as otherwise required by law. - Furthermore, if you request any technical support, you consent to our obtaining remote access to the computer on which the Game and its Expansions are installed, to enable Us to carry out any necessary interventions. You agree that We may communicate with you via e-mail and any similar method for any purpose relating to the Game and its Expansions, the Software and any other services or software that We may offer in the future. - We transfer information about you if the Publisher is acquired by or merged with another company. In this event, the Publisher will notify you before information about you is transferred and becomes subject to a different privacy policy. By accepting this EUALA, you expressly permit the Publisher to use the information provided to it, and to forward it to its subsidiaries and licensees, companies affiliated to its group, and trading partners. At the time of each collection of information, We will ask you to confirm your consent to use of the information so collected, and remind you of your rights under the applicable legislation. In all cases, you will be given an opportunity to grant the Publisher permission to make limited use of the data collected, by (I) prohibiting the Publisher from forwarding those personal data to other companies not affiliated to France Télécom group, or (II) prohibiting the Publisher from using those data for promotional purposes (sending of advertising, direct mail, etc.). Accordingly to the the Data Protection Act No. 78-17 of 6 January 1978, you benefit from an access, modification and rectification right of the personal information given to the Publisher when using the service. To do so, you only have to write to France Télécom / DC - GOA / Warhammer Client Support / 48 rue Camille Desmoulins / 92791 Issy-les-Moulineaux Cedex 9 / France, adding a copy of your identification card and the CD-Key that appear in the manual of the Game and its Expansions and indicating your name, first name and address. 10. Termination of the Agreement * We may terminate this Agreement (including your License Agreement and your Account) immediately, without prior notice and with immediate effect, especially if We establish that you are violating the terms of this EUALA, infringing the intellectual property rights of any third party, manifestly endangering public order or good moral standards, or if We are unable to verify or authenticate any information about you that you supply during the game, in the chat room or during any other activity connected to the Game and its Expansions and that We deem inappropriate and/or in breach of the spirit of the Game and its Expansions as defined in Player Code of Conduct, which can be obtained at: http://www.war-europe.com. * If We cancel your Agreement in such circumstances, you will lose all access to your Account, and will not be entitled to claim refunds for prepaid access fees. We may also decide to end this Agreement in the event that We choose to implement permanent suspension of the offer of the Game and its Expansions and, more generally, of the Game and its expansions, in which case you would be eligible for a refund on a prorata temporis basis (in other words, any refund would be proportional to the remaining portion of the subscription period). * You can cancel your subscription according to the subscription General Conditions. 11. Limited guarantee WE PROVIDE THIS DVD-ROM OR THE CD-KEY, THE SOFTWARE, THE ACCOUNT, THE GAME AND ITS EXPANSIONS AND ALL OTHER SERVICES "AS IS". WE EXPRESSLY REJECT ALL GUARANTEES OR CONDITIONS OF ANY KIND, TO THE FULL EXTENT PERMISSIBLE UNDER THE REGULATIONS CURRENTLY IN FORCE, WITH REGARD TO THE DVD-ROM OR TO THE SOFTWARE RECORDED ON THE DVD-ROM OR TO THE GAME AND ITS EXPANSIONS, OR TO THEIR QUALITY, PERFORMANCE OR MARKETABLE NATURE. SIMILARLY, WE EXCLUDE ALL LIABILITY WITH RESPECT TO THE OWNERSHIP OF THE GAME AND ITS EXPANSIONS, TO THE POSSIBLE EXISTENCE OF VIRUSES, TO ITS COMPLETENESS OR TO ITS SUITABILITY FOR A PARTICULAR USE. You acknowledge that, owing to the complexity of computer technology, the Publisher cannot and does not guarantee that the operation of this product will be uninterrupted and free of errors. Without limitation to the above restrictions, We cannot warrant that the DVD-ROM, the Software, the Game and its expansions or your Account will operate continuously, without errors and free of viruses. We do not guarantee that the software and the accompanying documentation are free of faults or errors and that they will run on your computer. We are not liable for delays or difficulties, especially of a technical nature, that are due to circumstances beyond our control. Furthermore, We cannot guarantee permanent access to your Account. WITH REGARD TO THE USE OF THE GAME AND ITS EXPANSIONS AND OF YOUR ACCOUNT, YOU ACKNOWLEDGE 1) THAT YOU ARE SOLELY RESPONSIBLE FOR THE USE OF YOUR ACCOUNT AND FOR ALL INFORMATION THAT YOU TRANSMIT AND 2) THAT YOU ARE PERFECTLY CAPABLE OF JUDGING AND APPRECIATING THE CONTENT AND PERTINENCE OF ALL INFORMATION SUPPLIED OR TRANSMITTED TO YOU. UNDER NO CIRCUMSTANCES ARE WE, OUR SUPPLIERS OR OUR SUBSIDIARIES LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES OR INDIRECT LOSSES OF ANY KIND, OR FOR ANY EXEMPLARY DAMAGES, LOSS OF PROFITS OR OTHER LOSSES ARISING FROM OR IN CONNECTION WITH YOUR ACCOUNT, THE GAME AND ITS EXPANSIONS, OR THESE CONDITIONS. IN ANY EVENT, OUR LIABILITY IN TERMS OF DIRECT DAMAGE IS LIMITED TO THE AMOUNT EFFECTIVELY PAID FOR THE PURCHASE OF THE GAME AND ITS EXPANSIONS. The guarantees and recourses set out above revoke and replace all other verbal or written commitments, either express or implicit, that may have been made to you. None of the Publisher's distributors, agents or employees are authorised to make modifications or additions to this guarantee. 12. Miscellaneous You must respect all applicable laws regarding the use of the Software, access to your Account and your use of the Game and its Expansions. By using the Game and its Expansions and accessing your Account, you agree to guarantee the Publisher, any company that it owns or by which it is owned, its subsidiaries, its employees and its directors against any legal action and/or damages (including reasonable solicitors' fees) resulting from the use of the Game and its Expansions and of your Account by yourself or by a third party. If all or part of any of the Sections of this Agreement should be declared illegal, invalid or impracticable, said Section is to be subject to only those modifications that are necessary to make it legal, valid and practicable; the legality, validity and practicable nature of the other Sections of this Agreement shall be unaffected. Failure to exercise or any delay in exercising a right or recourse in accordance with the terms of this Agreement shall not constitute a renunciation of this right or recourse or of any other right or recourse. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary shall be null and void. This contract shall be subject to French law and the parties hereby submit to the exclusive jurisdiction of the French courts. For any question or if you wish to get in touch with Us, you may contact Us at: http://www.war-europe.com. GOA is the Games Business Unit of France Télécom. France Télécom - RCS Paris 380 129 866 – 6 September 2008.

Warhammer Online - COMMUNITY - End-User Access and License Agreement