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END USER LICENSE AGREEMENT
Last updated October 1st 2016
PLEASE READ CAREFULLY
BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
END USER LICENSE AGREEMENT
This End User Licence Agreement (or “EULA“) governs the relationship between You (“You“ or the “User“) and XFIELD PAINTBALL SAS, 231 rue Pierre et Marie Curie, 31670 Labège, France (“XFIELD PAINTBALL“) in relation to your download and use of the game under the title of “XFIELD PAINTBALL 3“, published by XFIELD PAINTBALL, all software contained within or transferred with the game, all updates, add-ons and/or patches thereto, all on-line components, all Alpha, Beta, trial, pre-release, free, pay and premium versions of the above, and any accompanying documentation to any of the above (collectively the “Game“).
XFIELD PAINTBALL is willing to license the Game to You only on the conditions specified in this EULA, which are absolutely necessary preconditions to the grant of this license (the “Licence“).
Any and all uses of the Game are governed by the terms of this EULA.
By selecting “Yes” to accept this EULA, and/or by loading, installing, placing, copying the Game onto your computer or running the Game, You acknowledge that You have read this EULA, understand it and agree to be bound by all of its terms and conditions as well as the Privacy Policy and Terms of Use located at www.xfield-paintball.com/Legals. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern.
If You have not attained the age of 13, accepting this EULA means You have obtained the necessary permission in the form required by law from your parents or other legal representatives.
By selecting “No” or by otherwise failing to select “Yes” to accept this EULA, You decline our offer and the terms of this EULA. If You do not agree to this EULA, please (a) do not attempt to install or use the Game by any means; (b) please uninstall the Game and any other materials associated with it, (c) completely delete all copies of the Game and all related files from your computer.
This EULA may be periodically updated and the current version will be posted at www.xfield-paintball.com. Your continued use of the game after a revised EULA has been posted constitutes your acceptance of its terms.
OWNERSHIP
It is hereby understood and agreed that, as between You and XFIELD PAINTBALL, XFIELD PAINTBALL is the owner of all right titles, ownership rights, intellectual property rights and interests in and to the Game and all copies thereof (including without limitation any titles, computer codes, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artworks, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation), regardless of the media or form of the original download, whether online, by disk or otherwise.
You through your downloading, installing, copying or use of this Game do not acquire any ownership rights to the Game.
LICENSE
Subject to this EULA and its terms and conditions, XFIELD PAINTBALL hereby grants You a nonexclusive, non-transferable, limited, and revocable right and License to use one copy of the Game for your personal, non-commercial use for gameplay on a single Game Platform (e.g. computer, mobile device, or gaming console) unless otherwise expressly specified in the Game documentation. Your License rights are subject to your compliance with this Agreement. The term of your License under this Agreement shall commence on the date that You install or otherwise use the Game and ends on the earlier date of either your disposal of the Game or the termination of this Agreement as set forth below.
The Game is licensed, not sold, to You, and You hereby acknowledge that no title or ownership in the Game is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Game. XFIELD PAINTBALL retains all right, title, and interest to the Game, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Game is protected by European copyright and trademark law and applicable laws and treaties throughout the world. The Game may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without prior written consent from XFIELD PAINTBALL. Any persons copying, reproducing, or distributing all or any portion of the Game in any manner or medium, will be willfully violating the copyright laws and may be subject to civil and criminal penalties in France or your local country. The Game contains certain licensed materials and XFIELD PAINTBALL's licensors may also protect their rights in the event of any violation of this Agreement. All rights not expressly granted under this Agreement are reserved by XFIELD PAINTBALL and, as applicable, its licensors.
LICENSE CONDITIONS
You agree not to:
• commercially exploit the Game;
• distribute, lease, license, sell, rent, convert into convertible currency, or otherwise transfer or assign the Game, or any copies of the Game without the express prior written consent of XFIELD PAINTBALL or as expressly set forth in this Agreement;
• make a copy of the Game or any part thereof (other than as set forth herein);
• make a copy of the Game available on a network for use or download by multiple users;
• except as otherwise specifically provided by the Game or this Agreement, use or install the Game (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time;
• copy the Game onto a hard drive or other storage device in order to bypass the requirement to run the Game from the included CD-ROM or DVD-ROM (this prohibition does not apply to copies in whole or in part that may be made by the Game itself during installation in order to run more efficiently);
• use or copy the Game at a computer gaming center or any other location-based site;
• reverse engineer, decompile, disassemble, display, perform, prepare derivative works based on, or otherwise modify the Game, in whole or in part;
• remove or modify any proprietary notices, marks, or labels contained on or within the Game;
• restrict or inhibit any other user from using and enjoying any online features of the Game;
• cheat or utilize any unauthorized robot, spider, or other program in connection with any online features of the Game;
• violate any terms, policies, licenses, or code of conduct for any online features of the Game;
or
• transport, export, or re-export (directly or indirectly) into any country forbidden to receive the Game by any U.S. export laws or regulations or U.S. economic sanctions or otherwise violate any laws or regulations, or the laws of the country in which the Game was obtained, which may be amended from time to time.
You also undertake to comply with all necessary conditions, particularly with regard to the Prerequisites, procedures and general rules communicated by XFIELD PAINTBALL, including the Terms of Use (available here: www.xfield-paintball.com/Legals), in order to insure the proper implementation of the Game.
DATA COLLECTION
For the purposes all data privacy issues, including the collection, use, disclosure and transfer of your personal information and other information, the Privacy Policy located at www.xfield-paintball.com/Legals, as amended from time to time, takes precedence over any other statement in this Agreement.
USER CREATED CONTENT
The Game may allow You to create content, including, but not limited to, a gameplay map, scenario, screenshot, field design, item, or video of your game play. In exchange for use of the Game, and to the extent that your contributions through use of the Game give rise to any copyright interest, You hereby grant XFIELD PAINTBALL an exclusive, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Game and related goods and services, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to You of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive and agree never to assert any moral rights of paternity, publication, reputation, or attribution with respect to XFIELD PAINTBALL’s and other players' use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. This license grant to XFIELD PAINTBALL, and terms above regarding any applicable moral rights, will survive any termination of this Agreement.
PATCHES, UPDATES AND CHANGES
From time to time, XFIELD PAINTBALL may need to deploy or provide patches, updates, additional content or other modifications to the Game (for example to enhance gameplay, to add new or update features or to resolve software bugs). You hereby accept, recognize and understand that XFIELD PAINTBALL constantly works on further development of the Game, improves, upgrades and updates graphics, features, gameplay and any other Content of the Game in order to make the gameplay enjoyable for You.
XFIELD PAINTBALL needs to take the actions referred to in this section automatically in order to keep the Game running efficiently. It is therefore not practicable to ask for your approval or even to notify You before XFIELD PAINTBALL takes these actions and You confirm that You consent to XFIELD PAINTBALL taking these actions without your prior approval and without any prior notice.
BETA TESTS
XFIELD PAINTBALL may give You the opportunity to beta test the Game. Your participation as a beta tester is subject to the following terms and conditions.
Closed beta tests are confidential. The Beta version of the Game, including information about features and functionality to be offered as part of the Game, are confidential. If You participate in a closed beta test, You must safeguard and prevent unauthorised access to, copying, disclosure, and unauthorised use of the Beta version of the Game. You will carry out the testing personally and not provide access to the Beta version of the Game to any other person. Your obligation to keep the Beta version of the Game confidential will continue until XFIELD PAINTBALL publicly distributes, or otherwise discloses the Game and the content that You are testing to the public through no fault of yours.
As a beta tester, You are invited to play the Beta version of the Game for the sole purpose of evaluating the Game and identifying errors. Nothing in this EULA shall be construed as granting You any rights or privileges of any kind with respect to the Beta version of the Game. The Beta version of the Game is provided for testing on an “as is” basis and we make no warranty to You of any kind, express or implied.
When playing the Beta version of the Game, You may accumulate experience points, equipment, or other value or status indicators. XFIELD PAINTBALL may reset this data when the Game completes this testing phase or at any time during the testing process. In this case, all player history and data will be erased and each player will return to novice status.
By starting a beta game, You agree that:
• playing the Beta version of the Game is at your own risk and that You know that the Beta version of the Game may include known or unknown bugs;
• any value or status indicators that You achieve through the gameplay may be erased at any time;
• XFIELD PAINTBALL has no obligation to make this Beta version of the Game available for play without charge for any period of time, nor to make them available at all;
• the Beta version of the Game may be available only by subscription once the testing process is complete or at any time in the future;
• this EULA applies to your use of the Beta version of the Game during the testing phase; and
• if the beta test is a closed beta test, You will keep all information about the Game confidential as stated above and not disclose such information to any other person.
INTELLECTUAL PROPERTY RIGHTS
As between You and XFIELD PAINTBALL, XFIELD PAINTBALL shall retain all right, title, and interest in the Game and to any modifications or improvements made thereto, and any upgrades, updates or documentation provided to the User.
You acknowledge XFIELD PAINTBALL‘s exclusive rights in the Game and that the Game is unique and original to XFIELD PAINTBALL and that XFIELD PAINTBALL is owner thereof. Unless otherwise permitted by law, You shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, XFIELD PAINTBALL’s exclusive right and title to the Game or the validity thereof.
You shall not attempt to develop any Software Product that contains the “look and feel” of any of the Game.
You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Game, or otherwise attempt to derive the source code of the Game, except to the extent allowed under any applicable law or allowed by the rule of the Game. In the event that such activities are permitted by applicable law, any information You, or your authorized agent, discover shall be promptly disclosed to XFIELD PAINTBALL and shall be deemed the confidential information of XFIELD PAINTBALL.
HEALTH OF VIDEO GAME USERS
XFIELD PAINTBALL advises You to take the following precautions in all cases when using a video game. Avoid playing if You are tired and/or short of sleep. Make sure that You play in a well lit room and moderate the brightness of your screen. When You play a video game requiring connection to a screen, play at a good distance from the screen and as far away as the connection lead allows. While using the game, take breaks of ten (10) to fifteen (15) minutes every hour.
Epilepsy warning: Some individuals are liable to have epileptic fits including, in certain cases, loss of consciousness, particularly when exposed to strong luminous stimulations (rapid succession of images or repetition of simple geometrical figures, flashes or exposures). Such individuals are exposed to risks of fits when they play certain video games containing such luminous stimulations; consult your doctor before any use. Parents must also pay particularly close attention to their children when they play video games. If You or your child present one of the following symptoms: dizziness, vision problems, contraction of the eyes or muscles, disorientation, involuntary movement or convulsions or momentary loss of consciousness, You must immediately stop playing and consult a doctor.
TERMINATION
This License is effective until terminated. You may terminate it at any time by destroying the Game with all copies, full or partial, and removing all of its component parts. XFIELD PAINTBALL may terminate this Agreement at any time for any reason. Upon such termination, all Licenses granted herein shall immediately terminate and You must immediately and permanently destroy all copies of the Game in your possession and control and remove the Game from your hard drive. The term of this EULA runs concurrently with the period during which the User uses and retains the Game. If the Game is transferred (to the extent allowed under this EULA), the License is transferred with it.
Your rights under this EULA will terminate automatically without notice from XFIELD PAINTBALL if You fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by XFIELD PAINTBALL to effect such termination.
Upon termination of this EULA, You shall cease all use of the Game and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product which have been downloaded onto your computer.
TERRITORIES
The Game may not be purchased or downloaded (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing or using any component of the Game, You represent and warrant that You are not located in, under control of, or a national or resident of any such country or on any such list.
WARRANTIES AND LIABILITY REGARDING THE GAME
1. Disclaimer of Warranties
XFIELD PAINTBALL warrants that it has the right to enter this EULA and to grant You the Licence to use the Game set out hereunder.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND XFIELD PAINTBALL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. XFIELD PAINTBALL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, THAT THE FUNCTIONS CONTAINED IN THE GAME WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XFIELD PAINTBALL OR A XFIELD PAINTBALL AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
IN PARTICULAR IT'S NOT POSSIBLE FOR XFIELD PAINTBALL TO GUARANTEE ALLWAYS THE ONLINE-FUNCTION (MULTIPLAYER) BECAUSE THE NETWORK-GAME IS BASED ON THIRD PARTY SOFTWARE AND SERVICES.
2. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XFIELD PAINTBALL, ITS AFFILIATES OR LICENSEES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF IN-GAME CURRENCY AND VALUES OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE GAME OR DEFECT IN OR CAUSED BY THE GAME, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF XFIELD PAINTBALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
XFIELD PAINTBALL does not accept liability for: (1) any possible criminal actions committed by the User; (2) statements of the User, made or published on the Forums and chats relating to the Game, or the User’s behavior in the Game, including the conduct, manner and ideology of the in-game characters, managed by the User, actions of in-game characters in the Game, disrespect for other Users and their in-game characters; (3) the loss of the User’s values provided by the Game or purchased by the User.
IN ANY CASE, XFIELD PAINTBALL’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE SOLELY LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME OR REPLACEMENT OF THE GAME WITH PRODUCT OF COMPARABLE RETAIL VALUE, AS XFIELD PAINTBALL MAY ELECT IN ITS SOLE DISCRETION; PROVIDED HOWEVER, IF YOU HAVE ENTERED INTO A SUPPORT SERVICES AGREEMENT, XFIELD PAINTBALL’S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN PART OR WHOLE.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless XFIELD PAINTBALL and its affiliates and their respective officers, employees, directors, agents, licensees (excluding You), sublicensees (excluding You), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from (a) your breach of any term of this EULA; (b) your violation of any rights of any third party; or (c) your use or misuse of the Game. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
GOVERNING LAW
The EULA will be governed and construed in accordance with the laws of France whatever the location of access and utilisation of the Game.
GENERAL
The EULA governs our relationship with You. It does not create any rights for any other person, unless otherwise expressly stated in this EULA.
If any part of this EULA is held to be unenforceable, then it will not affect the enforceability of any other part of this EULA. Also, XFIELD PAINTBALL and You agree to interpret the rest of this EULA in such a way as to reflect your and our intentions in this EULA as far as possible.
If You or XFIELD PAINTBALL fail to exercise (or delay exercising) any right which You or XFIELD PAINTBALL may have under this EULA, that failure or delay does not mean that You or XFIELD PAINTBALL lose that right. If You or XFIELD PAINTBALL only partially exercise a right or only exercise it once, that will not stop You or XFIELD PAINTBALL from exercising it again in the future.
The Game may not be used for unlawful acts. If parts of this Game are not allowed to use in your country, You should not install this Game.
CONTACT US
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT US IN WRITING AT: XFIELD PAINTBALL, 231 RUE PIERRE ET MARIE CURIE, 31670 LABEGE, FRANCE.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY XFIELD PAINTBALL.
Last updated October 1st 2016
PLEASE READ CAREFULLY
BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
END USER LICENSE AGREEMENT
This End User Licence Agreement (or “EULA“) governs the relationship between You (“You“ or the “User“) and XFIELD PAINTBALL SAS, 231 rue Pierre et Marie Curie, 31670 Labège, France (“XFIELD PAINTBALL“) in relation to your download and use of the game under the title of “XFIELD PAINTBALL 3“, published by XFIELD PAINTBALL, all software contained within or transferred with the game, all updates, add-ons and/or patches thereto, all on-line components, all Alpha, Beta, trial, pre-release, free, pay and premium versions of the above, and any accompanying documentation to any of the above (collectively the “Game“).
XFIELD PAINTBALL is willing to license the Game to You only on the conditions specified in this EULA, which are absolutely necessary preconditions to the grant of this license (the “Licence“).
Any and all uses of the Game are governed by the terms of this EULA.
By selecting “Yes” to accept this EULA, and/or by loading, installing, placing, copying the Game onto your computer or running the Game, You acknowledge that You have read this EULA, understand it and agree to be bound by all of its terms and conditions as well as the Privacy Policy and Terms of Use located at www.xfield-paintball.com/Legals. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern.
If You have not attained the age of 13, accepting this EULA means You have obtained the necessary permission in the form required by law from your parents or other legal representatives.
By selecting “No” or by otherwise failing to select “Yes” to accept this EULA, You decline our offer and the terms of this EULA. If You do not agree to this EULA, please (a) do not attempt to install or use the Game by any means; (b) please uninstall the Game and any other materials associated with it, (c) completely delete all copies of the Game and all related files from your computer.
This EULA may be periodically updated and the current version will be posted at www.xfield-paintball.com. Your continued use of the game after a revised EULA has been posted constitutes your acceptance of its terms.
OWNERSHIP
It is hereby understood and agreed that, as between You and XFIELD PAINTBALL, XFIELD PAINTBALL is the owner of all right titles, ownership rights, intellectual property rights and interests in and to the Game and all copies thereof (including without limitation any titles, computer codes, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artworks, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation), regardless of the media or form of the original download, whether online, by disk or otherwise.
You through your downloading, installing, copying or use of this Game do not acquire any ownership rights to the Game.
LICENSE
Subject to this EULA and its terms and conditions, XFIELD PAINTBALL hereby grants You a nonexclusive, non-transferable, limited, and revocable right and License to use one copy of the Game for your personal, non-commercial use for gameplay on a single Game Platform (e.g. computer, mobile device, or gaming console) unless otherwise expressly specified in the Game documentation. Your License rights are subject to your compliance with this Agreement. The term of your License under this Agreement shall commence on the date that You install or otherwise use the Game and ends on the earlier date of either your disposal of the Game or the termination of this Agreement as set forth below.
The Game is licensed, not sold, to You, and You hereby acknowledge that no title or ownership in the Game is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Game. XFIELD PAINTBALL retains all right, title, and interest to the Game, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Game is protected by European copyright and trademark law and applicable laws and treaties throughout the world. The Game may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without prior written consent from XFIELD PAINTBALL. Any persons copying, reproducing, or distributing all or any portion of the Game in any manner or medium, will be willfully violating the copyright laws and may be subject to civil and criminal penalties in France or your local country. The Game contains certain licensed materials and XFIELD PAINTBALL's licensors may also protect their rights in the event of any violation of this Agreement. All rights not expressly granted under this Agreement are reserved by XFIELD PAINTBALL and, as applicable, its licensors.
LICENSE CONDITIONS
You agree not to:
• commercially exploit the Game;
• distribute, lease, license, sell, rent, convert into convertible currency, or otherwise transfer or assign the Game, or any copies of the Game without the express prior written consent of XFIELD PAINTBALL or as expressly set forth in this Agreement;
• make a copy of the Game or any part thereof (other than as set forth herein);
• make a copy of the Game available on a network for use or download by multiple users;
• except as otherwise specifically provided by the Game or this Agreement, use or install the Game (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time;
• copy the Game onto a hard drive or other storage device in order to bypass the requirement to run the Game from the included CD-ROM or DVD-ROM (this prohibition does not apply to copies in whole or in part that may be made by the Game itself during installation in order to run more efficiently);
• use or copy the Game at a computer gaming center or any other location-based site;
• reverse engineer, decompile, disassemble, display, perform, prepare derivative works based on, or otherwise modify the Game, in whole or in part;
• remove or modify any proprietary notices, marks, or labels contained on or within the Game;
• restrict or inhibit any other user from using and enjoying any online features of the Game;
• cheat or utilize any unauthorized robot, spider, or other program in connection with any online features of the Game;
• violate any terms, policies, licenses, or code of conduct for any online features of the Game;
or
• transport, export, or re-export (directly or indirectly) into any country forbidden to receive the Game by any U.S. export laws or regulations or U.S. economic sanctions or otherwise violate any laws or regulations, or the laws of the country in which the Game was obtained, which may be amended from time to time.
You also undertake to comply with all necessary conditions, particularly with regard to the Prerequisites, procedures and general rules communicated by XFIELD PAINTBALL, including the Terms of Use (available here: www.xfield-paintball.com/Legals), in order to insure the proper implementation of the Game.
DATA COLLECTION
For the purposes all data privacy issues, including the collection, use, disclosure and transfer of your personal information and other information, the Privacy Policy located at www.xfield-paintball.com/Legals, as amended from time to time, takes precedence over any other statement in this Agreement.
USER CREATED CONTENT
The Game may allow You to create content, including, but not limited to, a gameplay map, scenario, screenshot, field design, item, or video of your game play. In exchange for use of the Game, and to the extent that your contributions through use of the Game give rise to any copyright interest, You hereby grant XFIELD PAINTBALL an exclusive, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Game and related goods and services, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to You of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive and agree never to assert any moral rights of paternity, publication, reputation, or attribution with respect to XFIELD PAINTBALL’s and other players' use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. This license grant to XFIELD PAINTBALL, and terms above regarding any applicable moral rights, will survive any termination of this Agreement.
PATCHES, UPDATES AND CHANGES
From time to time, XFIELD PAINTBALL may need to deploy or provide patches, updates, additional content or other modifications to the Game (for example to enhance gameplay, to add new or update features or to resolve software bugs). You hereby accept, recognize and understand that XFIELD PAINTBALL constantly works on further development of the Game, improves, upgrades and updates graphics, features, gameplay and any other Content of the Game in order to make the gameplay enjoyable for You.
XFIELD PAINTBALL needs to take the actions referred to in this section automatically in order to keep the Game running efficiently. It is therefore not practicable to ask for your approval or even to notify You before XFIELD PAINTBALL takes these actions and You confirm that You consent to XFIELD PAINTBALL taking these actions without your prior approval and without any prior notice.
BETA TESTS
XFIELD PAINTBALL may give You the opportunity to beta test the Game. Your participation as a beta tester is subject to the following terms and conditions.
Closed beta tests are confidential. The Beta version of the Game, including information about features and functionality to be offered as part of the Game, are confidential. If You participate in a closed beta test, You must safeguard and prevent unauthorised access to, copying, disclosure, and unauthorised use of the Beta version of the Game. You will carry out the testing personally and not provide access to the Beta version of the Game to any other person. Your obligation to keep the Beta version of the Game confidential will continue until XFIELD PAINTBALL publicly distributes, or otherwise discloses the Game and the content that You are testing to the public through no fault of yours.
As a beta tester, You are invited to play the Beta version of the Game for the sole purpose of evaluating the Game and identifying errors. Nothing in this EULA shall be construed as granting You any rights or privileges of any kind with respect to the Beta version of the Game. The Beta version of the Game is provided for testing on an “as is” basis and we make no warranty to You of any kind, express or implied.
When playing the Beta version of the Game, You may accumulate experience points, equipment, or other value or status indicators. XFIELD PAINTBALL may reset this data when the Game completes this testing phase or at any time during the testing process. In this case, all player history and data will be erased and each player will return to novice status.
By starting a beta game, You agree that:
• playing the Beta version of the Game is at your own risk and that You know that the Beta version of the Game may include known or unknown bugs;
• any value or status indicators that You achieve through the gameplay may be erased at any time;
• XFIELD PAINTBALL has no obligation to make this Beta version of the Game available for play without charge for any period of time, nor to make them available at all;
• the Beta version of the Game may be available only by subscription once the testing process is complete or at any time in the future;
• this EULA applies to your use of the Beta version of the Game during the testing phase; and
• if the beta test is a closed beta test, You will keep all information about the Game confidential as stated above and not disclose such information to any other person.
INTELLECTUAL PROPERTY RIGHTS
As between You and XFIELD PAINTBALL, XFIELD PAINTBALL shall retain all right, title, and interest in the Game and to any modifications or improvements made thereto, and any upgrades, updates or documentation provided to the User.
You acknowledge XFIELD PAINTBALL‘s exclusive rights in the Game and that the Game is unique and original to XFIELD PAINTBALL and that XFIELD PAINTBALL is owner thereof. Unless otherwise permitted by law, You shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, XFIELD PAINTBALL’s exclusive right and title to the Game or the validity thereof.
You shall not attempt to develop any Software Product that contains the “look and feel” of any of the Game.
You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Game, or otherwise attempt to derive the source code of the Game, except to the extent allowed under any applicable law or allowed by the rule of the Game. In the event that such activities are permitted by applicable law, any information You, or your authorized agent, discover shall be promptly disclosed to XFIELD PAINTBALL and shall be deemed the confidential information of XFIELD PAINTBALL.
HEALTH OF VIDEO GAME USERS
XFIELD PAINTBALL advises You to take the following precautions in all cases when using a video game. Avoid playing if You are tired and/or short of sleep. Make sure that You play in a well lit room and moderate the brightness of your screen. When You play a video game requiring connection to a screen, play at a good distance from the screen and as far away as the connection lead allows. While using the game, take breaks of ten (10) to fifteen (15) minutes every hour.
Epilepsy warning: Some individuals are liable to have epileptic fits including, in certain cases, loss of consciousness, particularly when exposed to strong luminous stimulations (rapid succession of images or repetition of simple geometrical figures, flashes or exposures). Such individuals are exposed to risks of fits when they play certain video games containing such luminous stimulations; consult your doctor before any use. Parents must also pay particularly close attention to their children when they play video games. If You or your child present one of the following symptoms: dizziness, vision problems, contraction of the eyes or muscles, disorientation, involuntary movement or convulsions or momentary loss of consciousness, You must immediately stop playing and consult a doctor.
TERMINATION
This License is effective until terminated. You may terminate it at any time by destroying the Game with all copies, full or partial, and removing all of its component parts. XFIELD PAINTBALL may terminate this Agreement at any time for any reason. Upon such termination, all Licenses granted herein shall immediately terminate and You must immediately and permanently destroy all copies of the Game in your possession and control and remove the Game from your hard drive. The term of this EULA runs concurrently with the period during which the User uses and retains the Game. If the Game is transferred (to the extent allowed under this EULA), the License is transferred with it.
Your rights under this EULA will terminate automatically without notice from XFIELD PAINTBALL if You fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by XFIELD PAINTBALL to effect such termination.
Upon termination of this EULA, You shall cease all use of the Game and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product which have been downloaded onto your computer.
TERRITORIES
The Game may not be purchased or downloaded (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing or using any component of the Game, You represent and warrant that You are not located in, under control of, or a national or resident of any such country or on any such list.
WARRANTIES AND LIABILITY REGARDING THE GAME
1. Disclaimer of Warranties
XFIELD PAINTBALL warrants that it has the right to enter this EULA and to grant You the Licence to use the Game set out hereunder.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND XFIELD PAINTBALL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. XFIELD PAINTBALL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, THAT THE FUNCTIONS CONTAINED IN THE GAME WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XFIELD PAINTBALL OR A XFIELD PAINTBALL AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
IN PARTICULAR IT'S NOT POSSIBLE FOR XFIELD PAINTBALL TO GUARANTEE ALLWAYS THE ONLINE-FUNCTION (MULTIPLAYER) BECAUSE THE NETWORK-GAME IS BASED ON THIRD PARTY SOFTWARE AND SERVICES.
2. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XFIELD PAINTBALL, ITS AFFILIATES OR LICENSEES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF IN-GAME CURRENCY AND VALUES OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE GAME OR DEFECT IN OR CAUSED BY THE GAME, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF XFIELD PAINTBALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
XFIELD PAINTBALL does not accept liability for: (1) any possible criminal actions committed by the User; (2) statements of the User, made or published on the Forums and chats relating to the Game, or the User’s behavior in the Game, including the conduct, manner and ideology of the in-game characters, managed by the User, actions of in-game characters in the Game, disrespect for other Users and their in-game characters; (3) the loss of the User’s values provided by the Game or purchased by the User.
IN ANY CASE, XFIELD PAINTBALL’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE SOLELY LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME OR REPLACEMENT OF THE GAME WITH PRODUCT OF COMPARABLE RETAIL VALUE, AS XFIELD PAINTBALL MAY ELECT IN ITS SOLE DISCRETION; PROVIDED HOWEVER, IF YOU HAVE ENTERED INTO A SUPPORT SERVICES AGREEMENT, XFIELD PAINTBALL’S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN PART OR WHOLE.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless XFIELD PAINTBALL and its affiliates and their respective officers, employees, directors, agents, licensees (excluding You), sublicensees (excluding You), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from (a) your breach of any term of this EULA; (b) your violation of any rights of any third party; or (c) your use or misuse of the Game. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
GOVERNING LAW
The EULA will be governed and construed in accordance with the laws of France whatever the location of access and utilisation of the Game.
GENERAL
The EULA governs our relationship with You. It does not create any rights for any other person, unless otherwise expressly stated in this EULA.
If any part of this EULA is held to be unenforceable, then it will not affect the enforceability of any other part of this EULA. Also, XFIELD PAINTBALL and You agree to interpret the rest of this EULA in such a way as to reflect your and our intentions in this EULA as far as possible.
If You or XFIELD PAINTBALL fail to exercise (or delay exercising) any right which You or XFIELD PAINTBALL may have under this EULA, that failure or delay does not mean that You or XFIELD PAINTBALL lose that right. If You or XFIELD PAINTBALL only partially exercise a right or only exercise it once, that will not stop You or XFIELD PAINTBALL from exercising it again in the future.
The Game may not be used for unlawful acts. If parts of this Game are not allowed to use in your country, You should not install this Game.
CONTACT US
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT US IN WRITING AT: XFIELD PAINTBALL, 231 RUE PIERRE ET MARIE CURIE, 31670 LABEGE, FRANCE.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY XFIELD PAINTBALL.