Last updated on April 11, 2018.
1. TERMS OF AGREEMENT.
IMPORTANT LEGAL NOTICE!
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE CLICKING THE “I ACCEPT” BUTTON. THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) IS BETWEEN YOU AS THE END USER (“YOU” OR “YOUR”) AND PE SHESTOPEROV OLEG VALEREVICH
IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT, YOU MUST CLICK THE “I REJECT” BUTTON.
BY CLICKING THE “I ACCEPT” BUTTON BELOW, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AND REPRESENT AND WARRANT TO PE SHESTOPEROV OLEG VALEREVICH THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND THAT YOU ARE AT LEAST EIGHTEEN YEARS OF AGE (EVEN IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN AUTHORIZED USER WHO IS AT LEAST THIRTEEN YEARS OF AGE).
THE TERMS OF THIS AGREEMENT MAY BE AMENDED, SUPPLEMENTED, OR MODIFIED AT ANY TIME BY PE SHESTOPEROV OLEG VALEREVICH IN ITS SOLE DISCRETION, INCLUDING, WITHOUT LIMITATION. , WHEN PE SHESTOPEROV OLEG VALEREVICH UPDATES OR UPGRADES THE SOFTWARE PRODUCT PE SHESTOPEROV OLEG VALEREVICH will post the revised version of this Agreement. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with Section 9 below. Your installation and use of any of PE SHESTOPEROV OLEG VALEREVICH updates, upgrades, or modifications to the Software Product or your continued use of the Software Product following notice of changes to this Agreement shall conclusively demonstrate your acceptance of such changes. PE SHESTOPEROV OLEG VALEREVICH may change, modify, suspend, or discontinue any aspect of the Software Product at any time. PE SHESTOPEROV OLEG VALEREVICH may also impose limits on certain features or restrict your access to parts or all of the Software Product without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Software Product.
2. SCOPE OF AGREEMENT.
3. LIMITED USE LICENSE.
4. LICENSE RESTRICTIONS AND LIMITATIONS.
The limited, personal use license granted to you in Section 3 is subject to the following restrictions and limitations, as well as all other terms and conditions of this Agreement (collectively, the “License Limitations”). You agree that you will not, under any circumstances:
a. sell, sublicense, assign, rent, lease, or otherwise transfer the Software Product, except as expressly permitted by this Agreement;
b. reverse engineer, decompile, disassemble, or otherwise derive source code from the Software Product or reduce the Software Product to a human-readable form, except to the extent that such actions are expressly permitted by applicable law;
c. copy, photocopy, or reproduce the Software Product, in whole or in part; provided, however, that you may make one (1) copy of the Game Software and the User Manual for archival purposes only;
d. modify, translate, or create derivative works based on or utilizing the Software Product, Service, or Software Product experience, or any portion thereof;
e. remove or tamper with any copyright, trademark, or other proprietary notices contained in or relating to the Software Product, Service, or Game experience, or any portion thereof;
f. use cheats, automation software (bots), hacks, mods, or any other unauthorized third-party software, tools, or content designed to or capable of modifying the Software Product, the Service, the Site, the BattleBeasts experience, or any portion thereof;
g. exploit the Software Product, the Service, the BattleBeasts experience, or any portion thereof for any commercial purpose, including, without limitation, (i) use at a cyber cafe, PC bang, computer gaming center, or any other location-based site without the express written consent of PE SHESTOPEROV OLEG VALEREVICH; (ii) for gathering in-game currency, items, or resources for sale outside the Software Product or inside the Software Product but outside a virtual marketplace owned and maintained by PE SHESTOPEROV OLEG VALEREVICH; or (iii) performing in-game services in exchange for payment outside the Software Product;
h. use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from, within, or through the Software Product or Service, including, without limitation, any software that reads areas of RAM used by the Software Product to store information about a character, in-game items, or the Software Product environment; provided, however, that PE SHESTOPEROV OLEG VALEREVICH may, in its sole discretion, allow the use of specified third party user interfaces and/or permit certain “data-mining” activities on a case-by-case basis;
i. modify, or allow or cause to be modified, any files that are a part of the Game Software in any way not expressly authorized by PE SHESTOPEROV OLEG VALEREVICH in writing in each instance;
j. host, provide, or develop matchmaking services for the Software Product or Service or intercept, emulate, or redirect the communication protocols used by PE SHESTOPEROV OLEG VALEREVICH in any way, for any purpose, including, without limitation, unauthorized play over the Internet, network play, or as part of content aggregation networks;
k. facilitate, create, or maintain any unauthorized connection to the Software Product or Service, including, without limitation, (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; or (ii) any connection using programs or tools not expressly approved by PE SHESTOPEROV OLEG VALEREVICH in writing in each instance;
l. create any other software or content that incorporates the Software Product or Service, or any portion thereof; or
m. sell, grant a security interest in, or transfer reproductions of the Software Product to other parties in any way not expressly authorized herein, or rent, lease, or license the Software Product to others.
6. INTELLECTUAL PROPERTY RIGHTS.
a. The Software Product is protected by copyright laws and international copyright treaties, conventions, and other applicable law. As between you and PE SHESTOPEROV OLEG VALEREVICH, PE SHESTOPEROV OLEG VALEREVICH shall exclusively retain all right, title, and interest in and to the Software Product, the Service, the Site, your Account, and any and all modifications and improvements thereto and copies and derivative works thereof, including, without limitation, any Software Product content, Updates, and Documentation provided to you. The Software Product may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. You will not obtain any ownership rights whatsoever in your Account, the Software Product, the Service, the Site, your Account or game content, Updates, or Documentation.
b. BattleBeasts, and certain related names and logos are the registered trademarks or trademarks, service marks, and/or trade names of PE SHESTOPEROV OLEG VALEREVICH. These and all other trademarks, service marks, and trade names used by or in connection with the Software Product (the “Marks”) are proprietary rights owned by PE SHESTOPEROV OLEG VALEREVICH or its licensors.
c. As between you and PE SHESTOPEROV OLEG VALEREVICH, you acknowledge PE SHESTOPEROV OLEG VALEREVICH exclusive rights in and to the Software Product and that the Software Product is unique and original to PE SHESTOPEROV OLEG VALEREVICH and that PE SHESTOPEROV OLEG VALEREVICH is the exclusive owner thereof. Unless otherwise permitted by law, you shall not, at any time during or after the effective term of this Agreement, dispute or contest, directly or indirectly, PE SHESTOPEROV OLEG VALEREVICH exclusive right, title, and interest in and to the Software Product or the validity thereof. You agree to promptly assign to PE SHESTOPEROV OLEG VALEREVICH any and all rights that you may obtain in or to the Software Product arising under applicable law and you hereby appoint PE SHESTOPEROV OLEG VALEREVICH as your attorney in fact for such purpose.
d. You may permanently transfer all of your rights and obligations under this Agreement to another person only by (i) where applicable, physically transferring the original media (e.g., the CD-ROM or DVD you purchased), all original packaging, and all User Manual(s) and Documentation distributed with the Software Product, or (ii) contacting PE SHESTOPEROV OLEG VALEREVICH and obtaining written approval for the transfer; provided in both instances, however, that you permanently delete all copies and installations of the Software Product in your possession or control, and that the recipient agrees to and accepts the terms of this Agreement. However, your Account with PE SHESTOPEROV OLEG VALEREVICH is not transferable. The transferor (i.e., you), and not PE SHESTOPEROV OLEG VALEREVICH, agrees to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and the like, together with any interest, penalties, and additions imposed in connection with such transfer.
7. PRE-LOADED SOFTWARE.
The media on or method by which the Game Software is distributed may contain additional software and/or content for which you do not have a license (the “Locked Software”), and you agree that PE SHESTOPEROV OLEG VALEREVICH may install the Locked Software onto your computer or applicable hardware device during the Game Software installation process. You also agree that you will not access, use, distribute, copy, or display the Locked Software, unless and until you receive from PE SHESTOPEROV OLEG VALEREVICH (a) a license to use that Locked Software; and (b) if and where applicable, a valid alphanumeric key with which to unlock it. If you receive a license and/or a key from PE SHESTOPEROV OLEG VALEREVICH, you may only unlock those portions of a single copy of the Locked Software for which you received a license, and the License Limitation set forth in Section 4 shall apply. The terms of any End User License Agreement displayed after the Locked Software is unlocked will replace and supersede this Agreement, but only with regard to the Locked Software for which you receive a license. Notwithstanding anything to the contrary herein, you may make one (1) copy of the Locked Software for archival purposes only.
8. CONSENT TO MONITOR.
This Agreement is effective until terminated. You may terminate this Agreement at any time by (a) permanently destroying all copies of the Software Product in your possession or control; (b) removing the Game Software completely from each computer or applicable hardware device on which you have installed the Software Product; and (c) notifying PE SHESTOPEROV OLEG VALEREVICH of your intention to terminate this Agreement. PE SHESTOPEROV OLEG VALEREVICH may terminate this Agreement at any time for any reason or no reason, with or without notice. Upon termination for any reason, all licenses granted to you in this Agreement shall immediately terminate and you must immediately and permanently destroy all copies of the Software Product in your possession and control and remove the Game Software completely from each computer or applicable hardware device on which you have installed the Software Product.
10. PATCHES AND UPDATES.
PE SHESTOPEROV OLEG VALEREVICH, or its third party vendors, may deploy or provide patches, updates, and modifications to the Software Product that must be installed for you to continue to play the Software Product. PE SHESTOPEROV OLEG VALEREVICH, or its third party vendors, may update the Software Product remotely, including, without limitation, the Game Software residing on the user’s machine, without the knowledge of the user, and you hereby grant to PE SHESTOPEROV OLEG VALEREVICH your consent to deploy and apply such patches, updates, and modifications.
11. Duration of the “Online” Component of the Game.
12. Limited Warranty.
THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The entire risk arising out of use or performance of the Software Product and Service (including, without limitation, the Game Software, the Manual(s), and Documentation) remains with the user.
13. Limitation of Liability; Indemnity.
NEITHER PE SHESTOPEROV OLEG VALEREVICH NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OR VENDORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE PRODUCT OR ANY USE OF THE SOFTWARE PRODUCT OR SERVICE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, APPLICABLE HARDWARE DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER PE SHESTOPEROV OLEG VALEREVICH NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OR VENDORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., EQUIPMENT, WEAPONS, SKINS, AUDIO PACKS, AESTHETIC FLAIR, ETC.), OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE SOFTWARE PRODUCT OR THE SERVICE. PE SHESTOPEROV OLEG VALEREVICH SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING, WITHOUT LIMITATION, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL PE SHESTOPEROV OLEG VALEREVICH BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
14. Equitable Remedies.
You hereby agree that PE SHESTOPEROV OLEG VALEREVICH would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that PE SHESTOPEROV OLEG VALEREVICH shall be entitled, without bond or other security or proof of damages, to appropriate equitable remedies in any court of competent jurisdiction with respect to any breach of this Agreement, which equitable remedies shall be in addition to such other remedies as PE SHESTOPEROV OLEG VALEREVICH may otherwise have available under applicable law. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees, and other expenses incurred by such prevailing party in the litigation.
15. Governing Law; Dispute Resolution.
a. To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (“Dispute”), you and PE SHESTOPEROV OLEG VALEREVICH agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) calendar days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other. PE SHESTOPEROV OLEG VALEREVICH will send its notice to your billing address and email you a copy to the email address you have provided to PE SHESTOPEROV OLEG VALEREVICH.
b. If you and PE SHESTOPEROV OLEG VALEREVICH are unable to resolve a Dispute through informal negotiations, either you or PE SHESTOPEROV OLEG VALEREVICH may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration tribunal of Russian Federation.
c. You and PE SHESTOPEROV OLEG VALEREVICH agree that any arbitration shall be limited to the Dispute between PE SHESTOPEROV OLEG VALEREVICH and you individually. To the fullest extent permitted by law, (i) no arbitration shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
d. You and PE SHESTOPEROV OLEG VALEREVICH agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (i) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or PE SHESTOPEROV OLEG VALEREVICH intellectual property rights; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for injunctive relief.
I hereby acknowledge that I have read and understand the foregoing End User License Agreement and agree that by clicking “I ACCEPT” or installing the Software Product, I am acknowledging my agreement to be bound by the terms and conditions of this Agreement.