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LICENCE TO USE THE MULTIMEDIA PRODUCT

Please read this Licence carefully before installing the game (“Multimedia Product”).

This Licence is an agreement between you, the “User”, and Ubisoft Entertainment and/or its licensors and/or its beneficiaries (“Ubisoft”), which grants the User the non-exclusive and non-transferable right to use the Multimedia Product. This Licence is valid in the United States of America.

By installing the Multimedia Product, the User undertakes to respect the terms and conditions of the Licence.

 

1- The Licence

 

Ubisoft grants the User a non-exclusive and non-transferable Licence to use the Multimedia Product, but remains the owner of all the rights relating thereto. Any rights not specifically transferred by this Licence remain the property of Ubisoft.

The Multimedia Product has a multi-player capability that allows users to utilize the Multimedia Product over the Internet via the Massgate service (“Massgate”). The use of the Multimedia Product over the Internet shall be subject to the User creating an account to utilize the Program (“Account”) via the Massgate Service and the Users acceptance of Massgate’s Terms of Use Agreement, which may be updated or modified at any time. The Program may also contain a Campaign Editor (the "Editor") that allows the User to create custom levels or other materials for personal use in connection with the Multimedia Product ("New Materials"). All use of the Editor or any New Materials is subject to this License Agreement.

The Multimedia Product is licensed and not sold to the User, for private use.

The Licence does not confer any right or title to the Multimedia Product and cannot be understood as a transfer of intellectual property rights to the Multimedia Product.

 

2- Ownership of the Multimedia Product

 

The User recognises that all of the rights associated with the Multimedia Product and its components (in particular the titles, computer codes, themes, characters, character names, plots, stories, dialogues, places, concepts, images, photographs, animation, videos, music and text contained in the Multimedia Product), as well as the rights relating to the trademark, royalties and copyrights, are the property of Ubisoft and are protected by French regulations or other Laws, Treaties and international agreements concerning intellectual property.

 

3- Terms of Use

 

The User must accept the Terms of Use in order to access Massgate to utilize the Multimedia Product online. The Terms of Use agreement governs all aspects of game play. The Terms of Use agreement can be viewed by visiting the following website: www.worldinconflict.com/tos/en. If the User does not agree with the Terms of Use, then the User may not register for an Account to utilize the Multimedia Product.

 

4- Use of the Multimedia Product

 

The User is authorised to use the Multimedia Product in accordance with the instructions provided in the manual or on the packaging of the Multimedia Product.

The Licence is granted solely for private use.

 

It is not permitted:

- To make copies of the Multimedia Product,

- To operate the Multimedia Product commercially without the written consent of Ubisoft,

- To use it contrary to morality or the laws in force,

- To modify the Multimedia Product or create any derived work,

- To transmit the Multimedia Product via a telephone network or any other electronic means, except during multi-player games on authorised networks,

- To create or distribute unauthorised levels and/or scenarios,

- To decompile, reverse engineer or disassemble the Multimedia Product.

 

The User cannot sell, sublicense or lease the Multimedia Product to a third party.

The User can only transfer the Multimedia Product if the recipient agrees to the terms and conditions of the Licence. In this event, the User undertakes to transfer all components and documentation relating to the Multimedia Product. He also undertakes to delete any copy of the Multimedia Product from his computer. In this event, this Licence is automatically and immediately terminated.

 

5- Patches, Updates and collection of crash data

 

Ubisoft may deploy or provide patches, updates and modifications to the Multimedia Product that must be installed for the User to continue to utilize the Multimedia Product. Additionally, the Multimedia Product may include a tool that will allow the Users system to forward system and driver information to Ubisoft in the event of a crash. This tool will collect data on the system during the crash and send such information to Ubisoft and the User hereby grant Ubisoft consent to forward such information in the event of a crash for diagnostic purposes.

 

6- Termination of the Licence

 

The Licence is effective from the first time the Multimedia Product is used.

It is terminated automatically by Ubisoft without notice if the User fails to adhere to the terms and conditions of the Licence.

 

7- Warranties

Ubisoft warrants to the original purchaser of its products (the “User”) that the products will be free from defects in materials and workmanship for a period of ninety (90) days from the date of purchase. Ubisoft products are sold "as is", without any expressed or implied warranties of any kind, and Ubisoft is not liable for any losses or damages of any kind resulting from use of its products. Ubisoft agrees for a period of ninety (90) days (or any other longer warranty period provided by applicable legislation) to either replace defective product free of charge provided you return the defective item with dated proof of purchase to the store from which the product was originally purchased or repair or replace the defective product at its option free of charge, when accompanied with a proof of purchase and sent to our offices postage prepaid. This warranty is not applicable to normal wear and tear, and shall be void if the defect in the product is found to be as a result of abuse, unreasonable use, mistreatment or neglect of the product.

 

Ubisoft offers a technical support service which details are indicated in the manual of the Multimedia Product.

 

To obtain an exchange for a defective Multimedia Product, the User shall contact Ubisoft technical support and expose the problem and be as specific as possible about the problem the User is experiencing and have the below details available:

 
  • The name of the manufacturer of the computer system
  • The brand and speed of the processor
  • The quantity of RAM the computer system has
  • The version number of windows (right-click on the my computer icon on the desktop and select ‘properties’)
  • The name of the manufacturer and the model number of the video card, modem, and sound card.
 

Once confirmed, arrangements will be taken with the Ubisoft technical support so the User can proceed to exchange the Multimedia Product (disc only), either by means of mail or in person at the User’s convenience. (Warning: it is mandatory to go through Ubisoft’s technical support to validate the exchange beforehand).

 

8- Warranty Limitation

 

The User recognises expressly that he uses the Multimedia Product at his own risk.

The Multimedia Product is provided as is. The User is responsible for any costs of repairing and/or correcting the Multimedia Product.

To the extent of what is laid down by the Law, Ubisoft rejects any warrantee relating to the market value of the Multimedia Product, the User’s satisfaction or its capacity to perform a specific use.

The User is responsible for all risks connected with lost profit, lost data, errors and lost business or other information as a result of owning or using the Multimedia Product.

The User is responsible to ascertain that his/her computer system meets the requirements as described on the Multimedia Product’s packaging.

As some legislations do not allow for the aforementioned warrantee limitation, it is possible that it does not apply to the User.

 

9- Liability

 

In no event can Ubisoft be held liable for any direct, consequential, accidental, special, ancillary or other damages arising out of the use or inability to use the Multimedia Product, as well as out of the ownership or poor functioning thereof, even if Ubisoft has been advised of the possibility of such damages.

In particular, Ubisoft accepts no liability regarding use of the Multimedia Product contrary to the precautions for use set out in the manual and on the packaging.

As some legislations do not allow exemption from liability in the event of direct or incidental damages, it is possible that the aforementioned exclusion does not apply to the User.

This Licence to use the Multimedia Product grants specific rights to the User and he may have other rights depending on the laws in his State.

 

10- Use of SpeedTree Software

Interactive Data Visualization, Inc. has specific contractual language requirements regarding the use of their SpeedTree software that Ubisoft is required to include in this End User License Agreement.

A. The User will comply with all requirements imposed upon Ubisoft by third party service providers and its licensors, including, without limitation, Interactive Data Visualization, Inc. (“IDV”).

B. The User acknowledge and agree that he is not a third party beneficiary of any agreements between Ubisoft and its third party service providers and its licensors, including, without limitation, IDV.

C. The User acknowledge and agree that IDV is and shall be a third party beneficiary of this End User License Agreement.

D. The User acknowledge and agree that no claim, action, or demand shall lie against IDV with respect to any loss, cost, liability, damages, or expense arising out of or related to this End User License Agreement or the IDV Software / Programs. For purposes of clarity, he shall not file any suit or bring any cause of action against IDV with respect to this End User License Agreement or the IDV Software / Programs.

E. The User acknowledge that IDV has not made any warranties to him with respect to the IDV Software / Programs, that IDV expressly disclaims implied warranties of merchantability or fitness for a particular purpose, and that IDV has no obligation to honor any warranties that Licensor may provide to him in this End User License Agreement or otherwise.

F. IDV retains any and all right, title, interest, and intellectual property rights in and to the IDV Software / Programs, including any results and/or proceeds created by you using the IDV Software / Programs that may be embedded in the End User License Agreement, and no title to such IDV Software / Programs, including any results and/or proceeds, is transferred to the User or any third party through this End User License Agreement or otherwise.

G. Neither the User nor any of its agents or consultants shall assign, sublicense, transfer, reproduce, copy, modify, disassemble, decompile, or otherwise reverse engineer any portion of the IDV Software / Programs; provided, however, that the User may make results and/or proceeds available, at no charge or fee (i.e., he may not charge a license or other fee for such results and/or proceeds), to other properly licensed end users of the World in Conflict program including the IDV Software / Programs as part of a “map editor.”

H. The User shall adhere to all applicable laws, regulations and rules relating to the export of technical data and shall not export or re-export any technical data, any products received from Licensor, or the direct product of such technical data to any proscribed country listed in such applicable laws, regulations and rules unless properly authorized.