ELECTRONIC ARTS
SOFTWARE END USER LICENSE AGREEMENT
FOR HELLGATE: LONDON
This End User License Agreement (“License”) is an agreement between you and
Electronic Arts Inc. ("EA"). This License governs your use of this software
and all related documentation, and updates and upgrades that replace or
supplement the software and are not distributed with a separate license
(collectively, the "Software").
By installing or using the Software, you consent to be bound by this
License. If you do not agree to the terms of this License, then do not
install or use the Software. Section 3 below describes the data EA may use to
provide services and support to you in connection with the Software. If
you do not agree to this use of data, do not install or use the Software. The
Software has a separate online component which requires you to enter into an
agreement with Ping0, LLC in order to access certain features, and which may
require additional fees. For purposes of this License only, Flagship Studios,
Inc. PING0, LLC, Aria Systems LLC and Namco Bandai Games America Inc. are each
a “Related Party,” and together the “Related Parties.”
If you install the Software, the terms and conditions of this License are
fully accepted by you.
1. License Grant and Terms of Use.
A. Grant. EA grants you a personal, non-exclusive license to install and use the Software for your personal, non-commercial use solely as set forth in this License and the accompanying documentation. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing or otherwise distributing the Software or rights to use the Software, except by transfer as expressly set forth in paragraph 2 below. The term of your License shall commence on the date that you install or otherwise use the Software, and shall terminate as set forth in Section 5.
B. Copies. If you purchase rights to the Software using a digital distribution method (i.e. you download your Software from an authorized site), you may download the number of copies allowed by the Software's digital rights management from an authorized source in the time period(s) specified at the time of purchase. You may use only one copy of the Software at any given time. You are prohibited from making a copy of the Software available on a network where it could be downloaded, installed or used by multiple users. For more information concerning the digital rights management that applies to this Software, please review the purchase or other terms accompanying the distribution of the Software. Your license will terminate immediately if you attempt to circumvent digital rights management for the Software.
C. Reservation of Rights and Restrictions. This Software is licensed, and not sold. Except as expressly licensed to you herein, EA reserves all right, title and interest in the Software (including all characters, storyline, images, photographs, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of EA and its licensors in the Software and does not include any rights to other patents or intellectual property. 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 remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the software.
2. Transfer. You may make a one time permanent transfer of
all your rights to install and use the Software to another individual or legal
entity provided that: (a) the digital rights management used by your Software
supports such transfers; (b) you also transfer this License and all copies of
the Software; (b) you retain no copies of the Software; and (c) the receiving
party accepts the terms and conditions of this License. EA may require that
any end user of the Software register the Software online as a condition of
use. You may not be able to transfer the right to receive updates, dynamically
served content, or the right to use any online service of EA or any Related
Party in connection with the Software. Please consult the Ping0, LLC
Hellgate: London Terms of Service to determine whether an online account
attached to the CD Key associated with this License may be transferred.
NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER PRE-RELEASE COPIES OF THE
SOFTWARE.
3. Consent to Use of Data. You agree that EA, its affiliates, and each Related Party may collect, use, store and transmit technical and related information that identifies your computer, including without limitation your Internet Protocol address, operating system, application software and peripheral hardware, that may be gathered periodically to facilitate the provision of software updates, dynamically served content, product support and other services to you, including online play. EA and/or the Related Parties may also use this information in the aggregate and, in a form which does not personally identify you, to improve our products and services and we may share that aggregate data with our third party service providers.
4. Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from EA if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Software and destroy all copies of the Software in your possession or control. Termination will not limit any of EA’s other rights or remedies at law or in equity. Sections 1.C. and 4-16 of this License shall survive termination or expiration of this License for any reason.
5. Limited Warranty on Recording Media. THE LIMITED WARRANTY ON RECORDING MEDIA THAT ACCOMPANIES YOUR SOFTWARE IS FOUND IN THE PRODUCT MANUALTHAT WAS DISTRIBUTED WITH YOUR SOFTWARE AND IS INCORPORATED HEREIN BY REFERENCE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LOCAL LAW, WHICH VARY BY JURISDICTION.
6. Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS 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. EA, EA’S LICENSORS, AND THE RELATED PARTIES 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. EA AND THE RELATED PARTIES DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA, THE RELATED PARTIES 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.
7. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL EA OR ANY OF THE RELATED PARTIES 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 THIS LICENSE OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT EA OR ANY OF THE RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 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 EA’s or any Related Party’s total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Software.
8. Limitation of Liability and Disclaimer of Warranties are Material Terms of this License. You agree that the provisions in this License that limit liability are essential terms of this License. The foregoing limitations of liability apply even if the above stated remedy under the Limited Warranty for Recording Media fails in its essential purpose.
9. Severability. If any provision of this License 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 License shall continue in full force and effect.
10. 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 License 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 License and shall be prohibited except to the extent expressly permitted by this License.
11. Injunctive Relief. You agree that a breach of this License may cause irreparable injury to EA for which monetary damages would not be an adequate remedy and EA shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law.
12. Governing Law. This License 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 EA in writing for the particular instance or contrary to local law, the sole and 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 EA’s 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 License or to any dispute or transaction arising out of this License.
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 EA is prohibited from transacting business under applicable law.
14. Third Party Beneficiaries. Notwithstanding anything in this License to the contrary, you hereby acknowledge that EA’s direct and indirect licensors and business partners, including without limitation the Related Parties, are third-party beneficiaries of this License and have the right to bring an action directly against you for a breach of this License to the extent required to enforce their respective rights in and to the Software.
15. Entire Agreement. This License constitutes the entire agreement between you and EA with respect to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by EA. No failure to exercise, and no delay in exercising, on the part of either party, 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 License and any applicable purchase or other terms, the terms of this License shall govern. Nothing in this Section 16 is intended to supersede or invalidate the Ping0,LLC Hellgate: London Terms of Service (the “TOS”).
16. Massive Technology. The Software incorporates technology of Massive Incorporated ("Massive") that enables in-game advertising, and the display of other similar in-game objects, which are uploaded temporarily to your personal computer or game console and replaced during online game play. As part of this process, Massive may collect your Internet protocol address and other basic anonymous information, and will use this information for the general purposes of transmitting and measuring in-game advertising. Massive does not store or use any of this information for the purpose of discovering your personal identity. For additional details regarding Massive’s in-game advertising practices, and to understand your options with respect to in-game advertising and data collection, please see Massive's privacy policy at http://www.massiveincorporated.com/site_network/privacy.htm. The trademarks and copyrighted material contained in all in-game advertising are the property of the respective owners. Portions of this product are © 2007 Massive Incorporated. All rights reserved.
