WAR INC. BATTLEZONE
END USER ACCESS AND LICENSE AGREEMENT
Last Updated: July 7th, 2011
This Online Game End User Access and License Agreement ("EUALA") is an agreement between you and Online Warmongers Group Inc. ("OWINC" or "We" or "us") in relation to OWINC online game entitled WAR INC. BATTLEZONE (the "Game").
BY CLICKING ON THE "ACCEPT" BUTTON, YOU ACCEPT ALL TERMS AND CONDITIONS SET OUT IN THIS EUALA. BY CLICKING ON THE "DECLINE" BUTTON, YOU REJECT OWINC OFFER, IN WHICH CASE, YOU MAY NEITHER INSTALL NOR USE THE SOFTWARE (AS DEFINED BELOW). UNLESS SPECIFIED OTHERWISE IN A WRITTEN RETURN POLICY, NO REFUND WILL BE GIVEN BY OWINC FOR THE SOFTWARE IN PARTICULAR WHERE NO MONIES HAVE BEEN PAID TO OWINC.
IF YOU DO INSTALL THE SOFTWARE, EACH TIME YOU USE THE SOFTWARE (INCLUDING AS IT MAY BE UPDATED, UPGRADED OR EXPANDED FROM TIME TO TIME IN OWINC SOLE DISCRETION, YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS OF THIS EUALA (INCLUDING ANY AMENDMENTS OR UPDATES THAT MAY HAVE BEEN MADE FROM TIME TO TIME).
1. Application of this EUALA and access to Software
This EUALA governs your use of OWINC Game client software, any updates, upgrades and expansions that replace or supplement OWINC Game client software, and all related documentation which are not distributed with a separate license (collectively, the "Software").
This EUALA does not give you any right to obtain reissues or replacements of the Software at any time; furthermore, OWINC or any third party service provider that may operate the Game (an "Operator") is not obliged to supply Software updates, upgrades or expansions, or even to operate or continue support the Game or Software, for an indefinite period. In the event that OWINC supplies any Software updates, upgrades or other modifications to the Software, you agree that you may be required to install or patch the Software in the manner decided by OWINC in its sole discretion so as to continue Game play.
To gain access to the Software, you must (a) have acquired the Software (whether on DVD-ROM, CD-ROM or other physical media or by online download) by legal means, (b) have installed the Software on your computer and (c) have accepted this EUALA.
The Game is only playable online, and Internet access (not supplied by OWINC) is required at all times to play. The Software alone does not give you the right to play the Game. You are responsible for all taxes and costs of acquiring any hardware, software or other products or services required to play the Game. To play the Game, you may need to enter into a separate agreement with OWINC or with an Operator, subject to additional terms including terms of service, a privacy policy and/or a code of conduct. You may need to pay additional fees or purchase credits/points, subscribe to an online service, and provide additional information to create an account with OWINC and/or an Operator (an "Account"). Accounts may only be available to persons of legal age and, solely under the supervision of such persons, to any of their children under the age of majority. If you are a minor, your parents, guardians must complete the registration procedure, whereby they must take all responsibility concerning the obligations set forth in this EUALA.
This EUALA may be modified by OWINC at any time. You can view the EUALA at any time by visiting the applicable Internet site for the Game. We may notify you of modifications a) before you play the Game and/or b) via a specific notice on the applicable Internet site for the Game. All modifications will take effect seven (7) days after their announcement. In any event, you agree to check the Website and review this EUALA periodically to familiarize yourself with any modifications that may occur. If you do not agree with any future modifications to this EUALA, or are unable to continue to remain in compliance with the same, you must cease your use of the Software and of the Game. You may terminate this EUALA in accordance with Section 5. Your continued use of the Software and play of the Game after a modification of the EUALA will be deemed as your acceptance of any modified terms.
2. License Grant and Terms of Use.
A. Grant.
You acknowledge that the Software and the Game are owned by OWINC and that they are protected by laws governing copyright, trademark, intellectual property rights and all other property rights.
Under the terms of this EUALA, and for purposes of your playing the Game, OWINC grants you a personal, non-exclusive license to install and use the Software and play the Game for your personal use solely as set forth in this EUALA and the accompanying documentation. Your acquired rights are subject to your compliance with this EUALA. Any commercial use is expressly prohibited.
The term of this EUALA and your license to use the Software and Game there under shall commence on the date that you install or otherwise use the Software, and shall terminate as set forth in Section 5.
Unless expressly permitted by OWINC in writing or as required by applicable law, you are expressly prohibited from reproducing, sub-licensing, broadcasting, modifying, adapting, renting, lending, leasing, distributing or otherwise making publicly available the Software or rights to use the Software (including in particular the rental of the Software through Internet Game Rooms or cyber-cafes)
Unless expressly permitted by OWINC in writing, the reproduction of all or part of any hard-copy packaging or documentation included with the Software recording media is prohibited.
B. Reservation of Rights and Restrictions.
This Software is licensed, and not sold. You have acquired a license to the Software and your rights are subject to this Agreement. Except as expressly licensed to you herein, OWINC reserves all right, title and interest in the Software and the Game which you use the Software to play (including all characters, storyline, images, photographs, animations, video, music, text and in-game virtual property), and all associated copyrights, trademarks, and other intellectual property rights therein. The license granted under this EUALA is limited to the intellectual property rights of OWINC and its licensors in the Software, as necessary to use the Software and play the Game as permitted under this EUALA, and does not include any rights to other patents or intellectual property. This EUALA does not grant any rights relating to any brands or services connected with the Software or Game.
Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Software by any means whatsoever. You may not extract code from all or part of the Software, or authorize any third party to perform or to attempt to perform such operations on the Software. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Software.
It is strictly prohibited to use the Software to connect with or play the Game or any facsimile thereof on any servers that are not authorized by OWINC or any Operator ("grey shards" or the like). In addition, you may not emulate or operate such servers or assist any third party to do so.
It is also strictly prohibited to use any third-party software or any other device with a view to modifying the Software in any way, intercepting or scanning Game traffic or communications, changing the way the Game plays or playing in an abnormal manner or in a way that could impair the correct operation of the Game. Such prohibited third party software or devices can include, but are not limited to, those in the nature of "addons", "hacks", "cheats", "trainers", "mods", or the like by any name. The authorizations granted to you in accordance with this EUALA may under no circumstances be used for the purpose of creating or supplying any opportunity for third parties to access the Game, including through server emulators or similar devices. To the fullest extent permitted by applicable law, you agree that OWINC or an Operator may scan your computer's memory or hard disk drive to detect or locate any such unauthorized third party program or devices, with or without any prior notice to you at any time. Furthermore, you may not use the Software in a manner that would impose an unreasonable or disproportionate burden on the infrastructure of OWINC or any Operator.
C. No Rights over results of use of Software or over in-Game content
This EUALA grants you a simple license to use the Software to play the Game. You have no rights to or in the Game or its content.
You expressly acknowledge that all characters created and all objects or attributes acquired and developed during Game play are an integral part of the Game and strictly remain the property of OWINC. You further acknowledge that the Software contains, without limitation, the following: (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 users of the Game.
Where by applicable law you own certain copyrights over any Content created by you by using the Software and/or the Game, you assign to OWINC all and any intellectual and industrial property rights in all and any such Content. Where such assignment is not possible, you grant to OWINC any and all comprehensive, exclusive, perpetual, worldwide and assignable rights to use all Content created by you by using the Software and/or the Game immediately upon creation. These rights to use and/or utilize Content shall extend to all known forms of use and include without limitation the rights to copy, reproduce, change, adapt, modify, process, translate the Content, the rights to license and sub-license the Content to third parties, and to market, whether by way of leasing, renting, or otherwise.
You acknowledge and agree that you have, except as may be expressly permitted by OWINC, no right to and may not sell, auction, give away, or in any way make available, whether free of charge or for a fee, any Content (including any Content generated by yourself or any other user), character/avatar, object, item or any component of the Software or Game, to another person. All of the aforementioned actions, especially those performed via online auctions, forums or chat rooms, will therefore contravene the terms of this EUALA. Over and above the violation of the terms of this EUALA, which will entitle OWINC to terminate this EUALA and your license to use the Software and play the Game, you acknowledge that the unauthorized trading or other distribution of Game content is detrimental to OWINC image and that of the Game, and OWINC reserves the right to seek compensation from you to the fullest extent permissible by applicable law.
3. Usage of Digital Rights Management Technology
The Software is distributed subject to OWINC right to use access control and copy protection technology ("Digital Rights Management"). If used, Digital Rights Management may affect or limit your ability to install and/or make copies of the Software and may involve the installation or placement on your computer of certain additional files or tools which may permanently remain on your computer whether or not the Software is being used or has been removed. For more information concerning the Digital Rights Management that may apply to this Software, please review the purchase or other terms accompanying the distribution of the Software. This EUALA will terminate immediately if you attempt to circumvent any Digital Rights Management used in relation to the Software.
4. Respect for Privacy and Consent to Use of Data.
To facilitate the provision of any updates or upgrades or expansions to the Software, any dynamically served content, product support and other services to you, including online play of the Game, you agree that OWINC and third parties (including any Operators, if applicable) which are providing OWINC authorized services to you in connection with this Software ("Related Parties"), may collect, use, store and transmit technical and related information that identifies your computer (including an Internet Protocol address), operating system and application software and peripheral hardware. OWINC and the Related Parties may also use this information in the aggregate, in a form which does not personally identify you, to improve our products and services and may share anonymous aggregate data with our service providers.
By accepting this EUALA, you expressly permit OWINC to use the information provided to it, and to forward it to its subsidiaries and licensees, companies affiliated to its group, and trading partners. You agree that OWINC may use any data stored by it to contact you from time to time. OWINC agrees that its use of any information or data collected or used by it in relation to the Software and Game will be stored and handled in accordance with OWINC privacy policy accessible at the Internet site for the Game or through http://www.thewarinc.com/privacy.html. Additional terms may apply to you in certain jurisdictions.
If you are playing the Game through an Account with an Operator or other Related Party, you should also consult the applicable privacy policy of that Related Party for any additional terms
You further acknowledge that OWINC or any Related Parties have a legitimate concern with monitoring your use of the Software in playing the Game. You acknowledge that you have no guarantee of privacy with regard to your communications and information within the Game or in relation to any ancillary services access through the use of the Software (including but not limited to chat rooms or similar functions). OWINC may also collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players.
OWINC reserves the right to monitor and store information that you send or receive using the Software, including maintaining a copy of that information after your cessation of the use of the Software or play of the Game. This information is collected in order to enable OWINC to better know Users and serve them, in particular as regards the provision of services associated with the Game. Information collected about you through your use of the Software, may include, but is not limited to name, age, contact details including email address, system configuration, Game play time, micro-transactions conducted, and other data that may be collected from time to time.
5. Termination of the Agreement
This EUALA is effective until terminated.
OWINC may terminate this EUALA immediately without prior notice if you fail to comply or otherwise violate the terms of this EUALA, infringing the intellectual property rights of any third party, manifestly endangering public order or good moral standards as determined by us in our sole discretion, or if OWINC are unable to verify or authenticate any information about you that you supply during the Game or any other activity connected to the Software. We may also decide to terminate this EUALA in the event that we terminate the operation of the Game.
You may terminate this EUALA at any time by informing OWINC or any applicable Operator in writing or by such means as may be implemented for such purposes by OWINC or an Operator.
Promptly upon termination, you must cease all use of the Software and destroy all copies of the Software in your possession or control. You acknowledge and agree that the termination of this EUALA or permanent deletion of the Software may render your Account and any in-game attributes or Content unusable, for which you will not hold OWINC in any way responsible.
Termination will not limit any of OWINC other rights or remedies at law or in equity. Sections 8, 9, 10 to 17 of this EUALA shall survive termination or expiration of this EUALA for any reason.
6. Warranties
This Section is to be read subject to Sections 7 and 8.
A. No warranty on Software operation or Game play.
You acknowledge that, owing to the complexity of computer technology, as well as the nature of online games themselves and their play over a global communications network outside OWINC control, OWINC cannot and does not guarantee that the Software, the Game and any updates, upgrades or expansions Software will run permanently or uninterrupted on your computer. OWINC is not liable for delays or difficulties, especially of a technical nature, that are due to circumstances beyond its control.
B. Limited Remedy For Defects
In the event that there is any defect in the Software or the recording media on which it is embodied, your sole remedy is a replacement copy of the Software. You may also have additional rights under applicable local law, which varies by jurisdiction.
7. Disclaimer of Warranties.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE, THE GAME AND ALL OTHER SERVICES PROVIDED BY OWINC ARE PROVIDED TO YOU "AS IS," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. OWINC AND OWINC LICENCORS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. OWINC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR THE GAME; THAT THE SOFTWARE OR THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE OR THE GAME WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE OR THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY OWINC, AN OPERATOR OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL OWINC BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION RELATED TO THE EUALA, THE SOFTWARE OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT OWINC OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS REQUIRED BY APPLICABLE LAW, OWINC SHALL NOT BE LIABLE TO YOU FOR ANY ACTS OR OMISSIONS BY AN OPERATOR.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
IN NO EVENT SHALL OWINC TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
9. Indemnity.
BY USING THE SOFTWARE, YOU HEREBY AGREE TO INDEMNIFY AND HOLD OWINC, ITS EMPLOYEES AND ITS DIRECTORS HARMLESS AGAINST ANY CLAIM, LIABLITY, LOSS, INJURY DAMAGE, COST OR EXPENSE (INCLUDING REASONABLE SOLICITORS' FEES) INCURRED BY OWINC ARISING OUT OF OR FROM YOUR USE OF THE SOFTWARE OR THE GAME.
Miscellaneous
10. Compliance with law.
You must respect all applicable laws regarding the use of the Software and the Game.
11. Injunctive Relief.
You agree that a breach of this EUALA may cause irreparable injury to OWINC for which monetary damages would not be an adequate remedy and OWINC shall in such event be entitled to seek equitable relief in addition to any other remedies it may have hereunder or at law.
12. Governing Law and Dispute Resolution.
This EUALA shall be governed by and construed (without regard to conflicts or choice of law principles) under the laws of the State of California as applied to agreements entered into and to be performed entirely in California between California residents. Unless expressly waived by OWINC in writing for the particular instance or where contrary to local law, the exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the California state and federal courts having within their jurisdiction the location of OWINC principal place of business. Both parties consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by California or federal law. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this EUALA or to any dispute or transaction arising out of this EUALA.
Both parties agree that they will, except in the case of injunctive relief required to prevent irreparable harm to either party, and before initiating any action in court, first seek to resolve any dispute between them through good faith negotiations of up to 30 days initiated by written communication. In OWINC case, you will send this communication by post or courier to OWINC address at 1800 Thayer Ave, Suite A, Los Angeles, California 90025, United States of America. You agree that OWINC may send its communication to the last email address registered by you with us or any Operator, and that proof of dispatch by OWINC to that email address shall constitute proof of delivery.
13. Export.
You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Software to a foreign national or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom OWINC is prohibited from transacting business under applicable law.
14. Third Party Beneficiaries.
Notwithstanding anything in this EUALA to the contrary, you hereby acknowledge that OWINC licencors, as well as any applicable Operator, are third-party beneficiaries of this EUALA and have the right to bring an action directly against you for a breach of this EUALA to the extent required to enforce their respective rights in and to the Software or Game.
15. Entire Agreement
Except as specifically set forth in this EUALA, this EUALA constitutes the entire agreement between you and OWINC with respect to the Software and supersedes all prior or contemporaneous understandings, either express or implicit, regarding such subject matter. No amendment to or modification of this EUALA will be binding unless made in writing and signed by OWINC. None of OWINC, or any of OWINC Operators, distributors, agents, or any of their respective employees are authorised to make modifications or additions to this EUALA.
IN PARTICULAR, NOTHING IN THIS AGREEMENT MAY BE SUPERSEDED OR INVALIDATED BY ANY TERMS OF SERVICE OFFERED TO YOU BY AN OPERATOR FOR THE PURPOSES OF USING THE SOFTWARE TO PLAY THE GAME.
16. Severability and Survival.
If any provision of this EUALA is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this EUALA shall continue in full force and effect.
17. No Waiver.
No failure to exercise, nor a delay in exercising, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this EUALA and any applicable purchase or other terms, the terms of this EUALA shall govern the relationship between you and OWINC.
18. U.S. Government Restricted Rights.
If you are a government end user, then this provision applies to you. The Software provided in connection with this EUALA has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as "commercial items," "commercial computer software" and/or "commercial computer software documentation". Consistent with DFARS section 227.7202 and FAR section 12.212, and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by this EUALA and shall be prohibited except to the extent expressly permitted by this EUALA.
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