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The user must agree the current EULA before installing Cities XXL:
NOTICE: Product offered subject to your acceptance of the Steam Subscriber Agreement (“SSA”). You must activate this product via the Internet by registering for a Steam account and accepting the SSA. Please see www.steampowered.com/agreement to view the SSA prior to purchase. If you do not agree with the provisions of the SSA, you should return this game unopened to your retailer in accordance with their return policy.
END USER LICENSE AND WARRANTY AGREEMENT ISSUED BY FOCUS HOME INTERACTIVE (“Focus Home Interactive”).
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AND WARRANTY AGREEMENT BEFORE PURCHASING, DOWNLOADING OR INSTALLING THIS SOFTWARE PROGRAM OR USING THE RELATED ONLINE SERVICE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT, YOU MAY NOT PURCHASE, DOWNLOAD OR INSTALL THE SOFTWARE. IF YOU HAVE PURCHASED A PHYSICAL COPY OF THIS SOFTWARE PROGRAM WITHOUT HAVING AN OPPORTUNITY TO READ THE TERMS OF THIS LICENSE AGREEMENT AND YOU DO NOT AGREE WITH THEM, YOU MUST IMMEDIATELY RETURN IT FOR A REFUND FROM WHERE ORIGINALLY PURCHASED.
This software program, any printed materials, any on-line or electronic documentation, and any and all copies and derivative works of such software program and materials (the "Program") are the copyrighted work of Focus Home Interactive, its subsidiaries, licensors and/or its suppliers. All use of the Program is governed by the terms of this End User License and Warranty Agreement ("License Agreement"). The Program is solely for use by end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the Program not in accordance with the terms of the License Agreement is expressly prohibited.
Reference to Program in this License Agreement shall include the Online Service where and to the fullest extent that the content permits.
1. Limited Use License. Focus Home Interactive, hereby grants, and by installing the Program you thereby accept, a limited, non-exclusive license and right to install and use one (1) copy of the Program for your use on either a home or portable computer subject to the terms of this License Agreement. You may not network the Program or otherwise install it or use it on more than one computer at a time. The Program is licensed, not sold. Your license confers no title or ownership in the Program.
2. Ownership. All right, title, interest and ownership rights in the Program and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore and other intellectual property rights (“Intellectual Property Rights”), in or connected with and to the Program and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Program) are owned by, belong to and vest in Focus Home Interactive or its licensors. The Program is protected by the copyright laws of all countries on the Earth, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Program may contain certain licensed materials and Focus Home Interactive licensors may act to protect their rights in the event of any violation of this License Agreement. All trademarks are the property of their respective owners.
3. Responsibilities of End User.
• Subject to the grant of license herein above, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Program, or remove any proprietary notices or labels on the Program without the prior consent, in writing, of Focus Home Interactive. Where applicable law provides otherwise (all and any modification, adaptations or improvements shall belong to, vest in and be the exclusive property of Focus Home Interactive on creation in any event);
• The Program is licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
• You are entitled to use the Program for your own personal non-commercial use as described in this License Agreement, but you are not entitled to:
o sell, distribute or otherwise transfer copies or reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others without the prior written consent of Focus Home Interactive ; or
o exploit the Program or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet cafe or any other location-based site. Focus Home Interactive may offer a separate site license agreement to permit you to make the Program available for commercial use; contact Focus Home Interactive for details;
o use, copy, transfer or distribute the Program or part of it other than as permitted by this License Agreement;
o use, assign, rent, loan, charge or otherwise deal in the Program or any part or interest therein or under this License Agreement except as expressly provided herein;
o use the Program for any illegal or immoral purposes;
o without further licence, use the Program, or permit the use of the Program, on more than one computer, game console, handheld device or PDA at the same time;
o use the Program, or permit use of the Program, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly provided by Focus Home Interactive and subject to acceptance of the terms and conditions of use;
o remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Program;
o export or re-export the Program or any copy or adaptation in violation of any applicable laws or regulations;
o create data or executable programs which mimic data or functionality in the Program;
o otherwise use, copy, transfer or distribute the Program or part of it except as expressly permitted by this License Agreement or in any manner which is inconsistent with this License Agreement.
• You must back-up to another secure location, on a regular basis, any data files concerning your use of the Program as Focus Home Interactive has no liability for lost or corrupted data.
4. Program Transfer. You may permanently transfer all of your rights under this License Agreement, provided the recipient agrees to the terms of this License Agreement; you agree to remove the Program from your home or portable computer and you transfer the applicable Program Key to the recipient and agree with the recipient to take over your password and username, subject to the terms of this License Agreement.
5. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at any time by deleting and removing the Program from your home or portable computer and destroying your copy of the Program in your possession. This Licence will terminate automatically if you fail to abide by any of the terms and conditions. Focus Home Interactive may additionally, at its discretion, give notice to terminate this License Agreement in the event that it becomes aware that you are failing to comply with the terms and conditions contained herein. In such event, you must immediately destroy and erase the Program and all and any copies in your possession or control and stored on any media whatsoever and on Focus’ request certify that you have done so.
6. Export Controls. The Program may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which this country has an embargo in force.
7. Limited Warranty. Focus Home Interactive does not warrant that the operation of the Program will be uninterrupted or error free or that errors can be corrected. The Program is provided without any warranties or guarantees save as specifically provided in these conditions and to the extent permitted by the applicable law. These warranties set out above define in full the extent of Focus Home Interactive’ liability, warranties and your remedies. To the maximum extent permitted by law, Focus Home Interactive Limited excludes liability for all representations (except those made fraudulently), warranties, conditions and other terms which but for this notice would have effect. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW FOCUS HOME INTERACTIVE EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PROGRAM AND MANUAL(S). THE PROGRAM AND MANUAL(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Program and Manual(s) remains with you, however Focus Home Interactive warrants in respect of the Program distributed on a unit of physical media that for a period of up to and including 90 days from the date of the initial purchase of the Program that the master disk on which the Program is furnished shall be free from defects in material and workmanship. In the event that the master disk proves to be defective during that time period, and upon presentation to Focus Home Interactive of proof of purchase of the defective Program, Focus Home Interactive will at its option; 1) correct any defect, 2) provide you with a product of equal or lesser value, or 3) refund your money.
8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER FOCUS HOME INTERACTIVE, ITS PARENT, SUBSIDIARIES, AFFILIATES OR LICENSORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
Focus Home Interactive and its licensors will not be held responsible for the risks connected with lost profit, damage to property, lost data, loss of goodwill, computer, failure, errors or loss of business or other information as a result of possession, use or malfunction of the Program, even if it has been advised of the possibility of such loss. Focus Home Interactive and its licensors will not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if the Program has been modified in any manner (not by Focus Home Interactive or its licensors) after it has been bought. The liability of Focus Home Interactive and its licensors shall not exceed the actual price paid for the Program.
Focus Home Interactive, its developer and their licensors do not seek to exclude or limit liability for any death or personal injury arising from their negligence.
You agree to indemnify, defend and hold Focus Home Interactive and its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your acts and omissions to act in using the Program otherwise than in accordance with the terms of this License Agreement.
9. Equitable Remedies. You hereby agree that Focus Home Interactive would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Focus Home Interactive shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Focus Home Interactive may otherwise have available to it under applicable laws.
10. This License Agreement may be amended, altered or modified only by an instrument in writing specifying such amendment, alteration or modification, which is executed by both parties. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this License Agreement shall remain in full force and effect.
11. ONLINE SERVICE AND ONLINE CONTENT
• Focus Home Interactive provides and maintains certain online functionality, network play connectivity, interactivity, game modes, downloadable content, content creation tools and sharing facilities and other features relating to the Game (“Online Service“) subject to the terms and conditions of this License Agreement, including without limitation the section entitled Subscription.
• Focus Home Interactive is engaged in the business of publishing the Program and an entertainment service in the form of the Online Service and ancillary to this is engaged in the transmission, storage, retrieval, hosting, formatting or translation of third party communications without selection or alteration of the content of the communication for which it is a mere conduit.
• In connection with the use of the Program and the Online Service ONLY and subject to the terms of this License Agreement, you may and are granted a limited, non-exclusive license and right to use the software that forms part of the Program and the Online Service to create and share your own content as described in these terms. The applicable parts of the Program and the Online Service may only be used for creating and sharing content, materials, creations, modifications, improvements, adaptations, comments, postings, messages and communications made to or using the Program and Online Service (“Online Content”). To be clear you may not use, deal in or do anything in relation to the Online Content outside of the Online Service.
• You hereby grant to Focus Home Interactive the unlimited, unrestricted, royalty free, sub-licensable, perpetual, irrevocable, worldwide right and licence to use all Online Content created, supplied or made available by you in or at part of your use of Online Service for any and all purposes in any and all media.
• To use the Online Service you must be over the age of 18 years or else have your parent’s or guardian’s consent to do so on these terms. By using the Online Service you therefore confirm that you are over 18 years of age or else have your parent’s or guardian’s consent and that your parent or guardian has read and agreed to these terms.
• The Online Service and Online Content for personal entertainment only, on an “as is” basis and all use must be in accordance with the terms of this License Agreement.
• You agree and accept that Focus Home Interactive has no responsibility to review the content of the Online Content on the Online Service all of which are made available on the basis that Focus Home Interactive shall not be required to exercise any control or judgement of the content or the material posted or contained therein.
• The views expressed in any Online Content are the views of the individual authors and not those of Focus Home Interactive unless specified otherwise by Focus Home Interactive. In particular but without limitation to the above Focus Home Interactive is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any Online Content.
• Focus Home Interactive gives no warranty and makes no representation as to the accuracy, currency or validity of the information and material contained within the Online Content or the Online Service and shall not be responsible for any loss or damage caused as a result of any use of such material.
• You agree and undertake that you will not post to or transmit to the Online Service any statement, material or Online Content that:
- is unlawful or which gives rise to civil or criminal liability;
- infringes upon the intellectual property rights of any third party;
- assists piracy including any requests for CD keys or pirated software;
- is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;
- is abusive, seditious, pornographic, aggressive, homophobic, defamatory, libellous, untrue, discriminatory, obscene, inflammatory or racist;
- harasses any person;
- may be deemed a marketing or commercial communication or promotes the products or services of any person other than Focus Home Interactive or the Online Service;
- promotes any illegal or unlawful activity including but not limited to solicitation, gambling or the sale of prescription medicines;
- is aimed at persons under the age of 18 or which seeks or attempts to make any arrangement to meet a child under the age of 18 with intent to abuse them sexually or which may have such a meeting as its object or effect;
- contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
- solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
• Focus Home Interactive does not warrant that the operation of the Online Service will be uninterrupted or error free.
• Focus Home Interactive will not be liable in any amount for failure to perform any obligation under this License Agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
• Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law.
• You further agree that in any activity undertaken following use of and related to your use of the Online Service you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute the Online Service.
• You hereby indemnify, defend and hold Focus Home Interactive and Focus Home Interactive’s affiliates and Focus Home Interactive’s officers, directors, owners, agents, information providers, affiliates, licensers and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this License Agreement or claims arising from your use of the Online Service any Online Content and any use of your password and username. You shall use your best efforts to cooperate with Focus Home Interactive in the defence of any claim. Focus Home Interactive reserves the right, at Focus Home Interactive’s own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
• Focus Home Interactive shall be entitled to remove, restrict, suspend or alter any user account and any Online Content (and the ability to share or create Online Content) for any reason in its sole and absolute discretion including because the use or Online Content might be unacceptable as described in these Terms.
• If you discover Online Content which you believe contravenes these Terms please notify a moderator with details of the page you found it on.
ONLINE SERVICE
• In order to use the Online Service you will need to register for which you will need to submit various information and choose a username and a password.
• You warrant and undertake that all the information supplied during registration is truthful, complete and correct. In the event that the information you have supplied is incomplete or incorrect you agree to indemnify Focus Home Interactive against any loss or damage incurred by Focus Home Interactive and any third parties who may suffer damage as a result of the information that you have supplied.
• You accept and understand that you are obliged to ensure that all information held about you by Focus Home Interactive is up to date and that you can amend your registration details at any time through the Online Service.
• The username and password chosen by and issued to you upon registration with Focus Home Interactive is personal to you in order to facilitate your use of and access to the Online Service and shall not be disclosed to any third party without Focus Home Interactive’s prior written consent.
• In the event that you believe your username, password or account to have been compromised you undertake to inform Focus Home Interactive immediately.
• You agree that you are and shall remain responsible for maintaining the confidentiality of your password and username.
• You accept and understand that you are solely liable for any use of the Online Service undertaken by use of your username and password whatsoever. DO NOT SHARE YOUR USERNAME OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. FOCUS HOME INTERACTIVE IS NOT LIABLE FOR ANY IMPROPER USE OF YOUR USERNAME, PASSWORD OR ACCOUNT OR ANY USE BY ANY THIRD PARTY.
• By using the Program Online Service you confirm that you have the necessary hardware, software and capability required and that Focus Home Interactive and its licensors shall have no liability in relation to hardware, software or other services required to make use of the Program or Online Service.
ONLINE SERVICE LIABILITY
• To the maximum extent permitted by law, Focus Home Interactive gives no warranty in connection with the Online Service and excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to Focus Home Interactive and Focus Home Interactive shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
• the availability of the Online Service;
• any incorrect or inaccurate information on Online Service and all errors, interruptions to or delays in updating the Online Service;
• the infringement by any person of any Intellectual Property Rights of any third party caused by their use of Online Service;
• any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading Online Service, or from transmissions via emails or attachments received from Focus Home Interactive or its licensees
• the availability, quality, content or nature of the other sites on the internet that are owned and operated by third parties ("External Sites") to which Online Service link and web site located on or through any External Site nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
• all representations, warranties, conditions and other terms which but for this notice would have effect.
• Focus Home Interactive does not warrant that the operation of the Online Service will be uninterrupted or error free or that any error or interruption will be corrected.
• These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit Focus Home Interactive’ liability for death or personal injury resulting from its negligence nor any fraudulent representation.
Please note:
You use the Online Service at entirely your own risk. It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal.
Focus Home Interactive has no way of telling if statements made by other users are true.
This is a decision that can only be made at your discretion and the exercise of some degree of caution is recommended.
By using the Online Service and its services you accept that this is the case and accept the risk associated with it.
Users must take particular care in relation to the disclosure of their own personal information.
You hereby acknowledge that you have read and understand the foregoing License Agreement and agree that the action of installing the Program is an acknowledgement of your agreement to be bound by the terms and conditions of the License Agreement contained herein. You also acknowledge and agree that this License Agreement is the complete and exclusive statement of the agreement between Focus Home Interactive and you and that the License Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between Focus Home Interactive and you, including any inconsistent written license agreement accompanying the Program.
Focus Home Interactive may also remove or suspend access to the Online Service at any time.
APPLICABLE LAW.
• The Online Service is intended for use and may only be used in countries where all such use is lawful.
• To the maximum extent permitted by the local law applicable in the country in which you obtain or use them, the Program, Online Service and this Licence Agreement are subject to English Law.
• In the event that English Law cannot apply in the country you obtained or use the Program and Online Service the following provisions shall apply. If you acquired this Program in the United States, this LICENSE AGREEMENT is governed by the laws of the State of Pennsylvania. If you acquired this Program in Canada, unless expressly prohibited by local law, this LICENSE AGREEMENT is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder; you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you acquired this Program in the European Union, Iceland, Norway or Switzerland, then local law will apply. If you acquired this Program in any other country, then local law will apply.
Privacy and Data Policy
• Focus Home Interactive may ask you for certain information and you may submit personal data to the Online Service (such as your name, email address and contact details) when you subscribe or sign up to the Online Service.
• Focus Home Interactive may also record which parts of the Online Service you use and as user patterns. This information will be kept securely in accordance with an internal security policy and may be used to:
(a) Enable and process your use of the Online Service;
(b) provide you with an up to date, efficient and reliable service;
(c) generally run the Online Service.
• By subscribing, using the Online Service and submitting your data you agree to this use.
• Focus Home Interactive may also record which parts of the Online Service users you use and as user patterns. This information will be kept securely in accordance with an internal security policy.
• If you believe Focus Home Interactive has information about you that you do not want Focus Home Interactive to have or that is incorrect or please contact Focus Home Interactive as described below and Focus Home Interactive shall correct or remove the data as you request as soon a reasonably practicable.
• If you have any other concerns over privacy, this privacy policy or this Online Service please contact Focus Home Interactive as described below.
• The Program or Online Service may also use software which records whether you have used the Online Service before on your computer and other information about your use. This is used to improve the Online Service and the services available to you. For example you may be asked if you wish the Online Service to remember your computer and / or your username and password. You may disable this function by changing your login and account settings.
©2015 Focus Home Interactive. Cities XL, Cities XXL, Focus, Focus Home Interactive and their respective logos are trademarks or registered trademarks of Focus Home Interactive. All other names, trademarks and logos are property of their respective owners. All rights reserved
© Copyright 2014 acrobat® reader© adobe system incorporated. All rights reserved.
Contact Information
FOCUS HOME INTERACTIVE, 11 rue de Cambrai, 75019 Paris. FRANCE
NOTICE: Product offered subject to your acceptance of the Steam Subscriber Agreement (“SSA”). You must activate this product via the Internet by registering for a Steam account and accepting the SSA. Please see www.steampowered.com/agreement to view the SSA prior to purchase. If you do not agree with the provisions of the SSA, you should return this game unopened to your retailer in accordance with their return policy.
END USER LICENSE AND WARRANTY AGREEMENT ISSUED BY FOCUS HOME INTERACTIVE (“Focus Home Interactive”).
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AND WARRANTY AGREEMENT BEFORE PURCHASING, DOWNLOADING OR INSTALLING THIS SOFTWARE PROGRAM OR USING THE RELATED ONLINE SERVICE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT, YOU MAY NOT PURCHASE, DOWNLOAD OR INSTALL THE SOFTWARE. IF YOU HAVE PURCHASED A PHYSICAL COPY OF THIS SOFTWARE PROGRAM WITHOUT HAVING AN OPPORTUNITY TO READ THE TERMS OF THIS LICENSE AGREEMENT AND YOU DO NOT AGREE WITH THEM, YOU MUST IMMEDIATELY RETURN IT FOR A REFUND FROM WHERE ORIGINALLY PURCHASED.
This software program, any printed materials, any on-line or electronic documentation, and any and all copies and derivative works of such software program and materials (the "Program") are the copyrighted work of Focus Home Interactive, its subsidiaries, licensors and/or its suppliers. All use of the Program is governed by the terms of this End User License and Warranty Agreement ("License Agreement"). The Program is solely for use by end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the Program not in accordance with the terms of the License Agreement is expressly prohibited.
Reference to Program in this License Agreement shall include the Online Service where and to the fullest extent that the content permits.
1. Limited Use License. Focus Home Interactive, hereby grants, and by installing the Program you thereby accept, a limited, non-exclusive license and right to install and use one (1) copy of the Program for your use on either a home or portable computer subject to the terms of this License Agreement. You may not network the Program or otherwise install it or use it on more than one computer at a time. The Program is licensed, not sold. Your license confers no title or ownership in the Program.
2. Ownership. All right, title, interest and ownership rights in the Program and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore and other intellectual property rights (“Intellectual Property Rights”), in or connected with and to the Program and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Program) are owned by, belong to and vest in Focus Home Interactive or its licensors. The Program is protected by the copyright laws of all countries on the Earth, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Program may contain certain licensed materials and Focus Home Interactive licensors may act to protect their rights in the event of any violation of this License Agreement. All trademarks are the property of their respective owners.
3. Responsibilities of End User.
• Subject to the grant of license herein above, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Program, or remove any proprietary notices or labels on the Program without the prior consent, in writing, of Focus Home Interactive. Where applicable law provides otherwise (all and any modification, adaptations or improvements shall belong to, vest in and be the exclusive property of Focus Home Interactive on creation in any event);
• The Program is licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
• You are entitled to use the Program for your own personal non-commercial use as described in this License Agreement, but you are not entitled to:
o sell, distribute or otherwise transfer copies or reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others without the prior written consent of Focus Home Interactive ; or
o exploit the Program or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet cafe or any other location-based site. Focus Home Interactive may offer a separate site license agreement to permit you to make the Program available for commercial use; contact Focus Home Interactive for details;
o use, copy, transfer or distribute the Program or part of it other than as permitted by this License Agreement;
o use, assign, rent, loan, charge or otherwise deal in the Program or any part or interest therein or under this License Agreement except as expressly provided herein;
o use the Program for any illegal or immoral purposes;
o without further licence, use the Program, or permit the use of the Program, on more than one computer, game console, handheld device or PDA at the same time;
o use the Program, or permit use of the Program, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly provided by Focus Home Interactive and subject to acceptance of the terms and conditions of use;
o remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Program;
o export or re-export the Program or any copy or adaptation in violation of any applicable laws or regulations;
o create data or executable programs which mimic data or functionality in the Program;
o otherwise use, copy, transfer or distribute the Program or part of it except as expressly permitted by this License Agreement or in any manner which is inconsistent with this License Agreement.
• You must back-up to another secure location, on a regular basis, any data files concerning your use of the Program as Focus Home Interactive has no liability for lost or corrupted data.
4. Program Transfer. You may permanently transfer all of your rights under this License Agreement, provided the recipient agrees to the terms of this License Agreement; you agree to remove the Program from your home or portable computer and you transfer the applicable Program Key to the recipient and agree with the recipient to take over your password and username, subject to the terms of this License Agreement.
5. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at any time by deleting and removing the Program from your home or portable computer and destroying your copy of the Program in your possession. This Licence will terminate automatically if you fail to abide by any of the terms and conditions. Focus Home Interactive may additionally, at its discretion, give notice to terminate this License Agreement in the event that it becomes aware that you are failing to comply with the terms and conditions contained herein. In such event, you must immediately destroy and erase the Program and all and any copies in your possession or control and stored on any media whatsoever and on Focus’ request certify that you have done so.
6. Export Controls. The Program may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which this country has an embargo in force.
7. Limited Warranty. Focus Home Interactive does not warrant that the operation of the Program will be uninterrupted or error free or that errors can be corrected. The Program is provided without any warranties or guarantees save as specifically provided in these conditions and to the extent permitted by the applicable law. These warranties set out above define in full the extent of Focus Home Interactive’ liability, warranties and your remedies. To the maximum extent permitted by law, Focus Home Interactive Limited excludes liability for all representations (except those made fraudulently), warranties, conditions and other terms which but for this notice would have effect. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW FOCUS HOME INTERACTIVE EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PROGRAM AND MANUAL(S). THE PROGRAM AND MANUAL(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Program and Manual(s) remains with you, however Focus Home Interactive warrants in respect of the Program distributed on a unit of physical media that for a period of up to and including 90 days from the date of the initial purchase of the Program that the master disk on which the Program is furnished shall be free from defects in material and workmanship. In the event that the master disk proves to be defective during that time period, and upon presentation to Focus Home Interactive of proof of purchase of the defective Program, Focus Home Interactive will at its option; 1) correct any defect, 2) provide you with a product of equal or lesser value, or 3) refund your money.
8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER FOCUS HOME INTERACTIVE, ITS PARENT, SUBSIDIARIES, AFFILIATES OR LICENSORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
Focus Home Interactive and its licensors will not be held responsible for the risks connected with lost profit, damage to property, lost data, loss of goodwill, computer, failure, errors or loss of business or other information as a result of possession, use or malfunction of the Program, even if it has been advised of the possibility of such loss. Focus Home Interactive and its licensors will not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if the Program has been modified in any manner (not by Focus Home Interactive or its licensors) after it has been bought. The liability of Focus Home Interactive and its licensors shall not exceed the actual price paid for the Program.
Focus Home Interactive, its developer and their licensors do not seek to exclude or limit liability for any death or personal injury arising from their negligence.
You agree to indemnify, defend and hold Focus Home Interactive and its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your acts and omissions to act in using the Program otherwise than in accordance with the terms of this License Agreement.
9. Equitable Remedies. You hereby agree that Focus Home Interactive would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Focus Home Interactive shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Focus Home Interactive may otherwise have available to it under applicable laws.
10. This License Agreement may be amended, altered or modified only by an instrument in writing specifying such amendment, alteration or modification, which is executed by both parties. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this License Agreement shall remain in full force and effect.
11. ONLINE SERVICE AND ONLINE CONTENT
• Focus Home Interactive provides and maintains certain online functionality, network play connectivity, interactivity, game modes, downloadable content, content creation tools and sharing facilities and other features relating to the Game (“Online Service“) subject to the terms and conditions of this License Agreement, including without limitation the section entitled Subscription.
• Focus Home Interactive is engaged in the business of publishing the Program and an entertainment service in the form of the Online Service and ancillary to this is engaged in the transmission, storage, retrieval, hosting, formatting or translation of third party communications without selection or alteration of the content of the communication for which it is a mere conduit.
• In connection with the use of the Program and the Online Service ONLY and subject to the terms of this License Agreement, you may and are granted a limited, non-exclusive license and right to use the software that forms part of the Program and the Online Service to create and share your own content as described in these terms. The applicable parts of the Program and the Online Service may only be used for creating and sharing content, materials, creations, modifications, improvements, adaptations, comments, postings, messages and communications made to or using the Program and Online Service (“Online Content”). To be clear you may not use, deal in or do anything in relation to the Online Content outside of the Online Service.
• You hereby grant to Focus Home Interactive the unlimited, unrestricted, royalty free, sub-licensable, perpetual, irrevocable, worldwide right and licence to use all Online Content created, supplied or made available by you in or at part of your use of Online Service for any and all purposes in any and all media.
• To use the Online Service you must be over the age of 18 years or else have your parent’s or guardian’s consent to do so on these terms. By using the Online Service you therefore confirm that you are over 18 years of age or else have your parent’s or guardian’s consent and that your parent or guardian has read and agreed to these terms.
• The Online Service and Online Content for personal entertainment only, on an “as is” basis and all use must be in accordance with the terms of this License Agreement.
• You agree and accept that Focus Home Interactive has no responsibility to review the content of the Online Content on the Online Service all of which are made available on the basis that Focus Home Interactive shall not be required to exercise any control or judgement of the content or the material posted or contained therein.
• The views expressed in any Online Content are the views of the individual authors and not those of Focus Home Interactive unless specified otherwise by Focus Home Interactive. In particular but without limitation to the above Focus Home Interactive is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any Online Content.
• Focus Home Interactive gives no warranty and makes no representation as to the accuracy, currency or validity of the information and material contained within the Online Content or the Online Service and shall not be responsible for any loss or damage caused as a result of any use of such material.
• You agree and undertake that you will not post to or transmit to the Online Service any statement, material or Online Content that:
- is unlawful or which gives rise to civil or criminal liability;
- infringes upon the intellectual property rights of any third party;
- assists piracy including any requests for CD keys or pirated software;
- is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;
- is abusive, seditious, pornographic, aggressive, homophobic, defamatory, libellous, untrue, discriminatory, obscene, inflammatory or racist;
- harasses any person;
- may be deemed a marketing or commercial communication or promotes the products or services of any person other than Focus Home Interactive or the Online Service;
- promotes any illegal or unlawful activity including but not limited to solicitation, gambling or the sale of prescription medicines;
- is aimed at persons under the age of 18 or which seeks or attempts to make any arrangement to meet a child under the age of 18 with intent to abuse them sexually or which may have such a meeting as its object or effect;
- contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
- solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
• Focus Home Interactive does not warrant that the operation of the Online Service will be uninterrupted or error free.
• Focus Home Interactive will not be liable in any amount for failure to perform any obligation under this License Agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
• Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law.
• You further agree that in any activity undertaken following use of and related to your use of the Online Service you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute the Online Service.
• You hereby indemnify, defend and hold Focus Home Interactive and Focus Home Interactive’s affiliates and Focus Home Interactive’s officers, directors, owners, agents, information providers, affiliates, licensers and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this License Agreement or claims arising from your use of the Online Service any Online Content and any use of your password and username. You shall use your best efforts to cooperate with Focus Home Interactive in the defence of any claim. Focus Home Interactive reserves the right, at Focus Home Interactive’s own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
• Focus Home Interactive shall be entitled to remove, restrict, suspend or alter any user account and any Online Content (and the ability to share or create Online Content) for any reason in its sole and absolute discretion including because the use or Online Content might be unacceptable as described in these Terms.
• If you discover Online Content which you believe contravenes these Terms please notify a moderator with details of the page you found it on.
ONLINE SERVICE
• In order to use the Online Service you will need to register for which you will need to submit various information and choose a username and a password.
• You warrant and undertake that all the information supplied during registration is truthful, complete and correct. In the event that the information you have supplied is incomplete or incorrect you agree to indemnify Focus Home Interactive against any loss or damage incurred by Focus Home Interactive and any third parties who may suffer damage as a result of the information that you have supplied.
• You accept and understand that you are obliged to ensure that all information held about you by Focus Home Interactive is up to date and that you can amend your registration details at any time through the Online Service.
• The username and password chosen by and issued to you upon registration with Focus Home Interactive is personal to you in order to facilitate your use of and access to the Online Service and shall not be disclosed to any third party without Focus Home Interactive’s prior written consent.
• In the event that you believe your username, password or account to have been compromised you undertake to inform Focus Home Interactive immediately.
• You agree that you are and shall remain responsible for maintaining the confidentiality of your password and username.
• You accept and understand that you are solely liable for any use of the Online Service undertaken by use of your username and password whatsoever. DO NOT SHARE YOUR USERNAME OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. FOCUS HOME INTERACTIVE IS NOT LIABLE FOR ANY IMPROPER USE OF YOUR USERNAME, PASSWORD OR ACCOUNT OR ANY USE BY ANY THIRD PARTY.
• By using the Program Online Service you confirm that you have the necessary hardware, software and capability required and that Focus Home Interactive and its licensors shall have no liability in relation to hardware, software or other services required to make use of the Program or Online Service.
ONLINE SERVICE LIABILITY
• To the maximum extent permitted by law, Focus Home Interactive gives no warranty in connection with the Online Service and excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to Focus Home Interactive and Focus Home Interactive shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
• the availability of the Online Service;
• any incorrect or inaccurate information on Online Service and all errors, interruptions to or delays in updating the Online Service;
• the infringement by any person of any Intellectual Property Rights of any third party caused by their use of Online Service;
• any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading Online Service, or from transmissions via emails or attachments received from Focus Home Interactive or its licensees
• the availability, quality, content or nature of the other sites on the internet that are owned and operated by third parties ("External Sites") to which Online Service link and web site located on or through any External Site nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
• all representations, warranties, conditions and other terms which but for this notice would have effect.
• Focus Home Interactive does not warrant that the operation of the Online Service will be uninterrupted or error free or that any error or interruption will be corrected.
• These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit Focus Home Interactive’ liability for death or personal injury resulting from its negligence nor any fraudulent representation.
Please note:
You use the Online Service at entirely your own risk. It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal.
Focus Home Interactive has no way of telling if statements made by other users are true.
This is a decision that can only be made at your discretion and the exercise of some degree of caution is recommended.
By using the Online Service and its services you accept that this is the case and accept the risk associated with it.
Users must take particular care in relation to the disclosure of their own personal information.
You hereby acknowledge that you have read and understand the foregoing License Agreement and agree that the action of installing the Program is an acknowledgement of your agreement to be bound by the terms and conditions of the License Agreement contained herein. You also acknowledge and agree that this License Agreement is the complete and exclusive statement of the agreement between Focus Home Interactive and you and that the License Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between Focus Home Interactive and you, including any inconsistent written license agreement accompanying the Program.
Focus Home Interactive may also remove or suspend access to the Online Service at any time.
APPLICABLE LAW.
• The Online Service is intended for use and may only be used in countries where all such use is lawful.
• To the maximum extent permitted by the local law applicable in the country in which you obtain or use them, the Program, Online Service and this Licence Agreement are subject to English Law.
• In the event that English Law cannot apply in the country you obtained or use the Program and Online Service the following provisions shall apply. If you acquired this Program in the United States, this LICENSE AGREEMENT is governed by the laws of the State of Pennsylvania. If you acquired this Program in Canada, unless expressly prohibited by local law, this LICENSE AGREEMENT is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder; you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you acquired this Program in the European Union, Iceland, Norway or Switzerland, then local law will apply. If you acquired this Program in any other country, then local law will apply.
Privacy and Data Policy
• Focus Home Interactive may ask you for certain information and you may submit personal data to the Online Service (such as your name, email address and contact details) when you subscribe or sign up to the Online Service.
• Focus Home Interactive may also record which parts of the Online Service you use and as user patterns. This information will be kept securely in accordance with an internal security policy and may be used to:
(a) Enable and process your use of the Online Service;
(b) provide you with an up to date, efficient and reliable service;
(c) generally run the Online Service.
• By subscribing, using the Online Service and submitting your data you agree to this use.
• Focus Home Interactive may also record which parts of the Online Service users you use and as user patterns. This information will be kept securely in accordance with an internal security policy.
• If you believe Focus Home Interactive has information about you that you do not want Focus Home Interactive to have or that is incorrect or please contact Focus Home Interactive as described below and Focus Home Interactive shall correct or remove the data as you request as soon a reasonably practicable.
• If you have any other concerns over privacy, this privacy policy or this Online Service please contact Focus Home Interactive as described below.
• The Program or Online Service may also use software which records whether you have used the Online Service before on your computer and other information about your use. This is used to improve the Online Service and the services available to you. For example you may be asked if you wish the Online Service to remember your computer and / or your username and password. You may disable this function by changing your login and account settings.
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Contact Information
FOCUS HOME INTERACTIVE, 11 rue de Cambrai, 75019 Paris. FRANCE